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  • Green Card Approved while iam in india

    My green card (family based )has been approved couple of days back and i am currently in India. I received the welcome notice and and it is mentioned that I may receive the card within 3 weeks.
    I travelled to india on H1 B status and iam due for stamping in this trip. I am now confused if I should even attend for the stamping. If no, how do I re enter USA ? is informing the POE officer about my GC approval good enough ? Please suggest.

  • #2
    Did you have an advance parole?
    This is my opinion and not legal advice.

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    • #3
      No, i don't have advance payroll. I used H1B status.

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      • #4
        I don't know if it is the same for family based petitions, but for employment based you must have an AP before you leave the US, otherwise your 485 is considered abandoned. Consult an experienced immigration attorney ASAP.
        This is my opinion and not legal advice.

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        • #5
          Originally posted by kabkaba View Post
          I don't know if it is the same for family based petitions, but for employment based you must have an AP before you leave the US, otherwise your 485 is considered abandoned. Consult an experienced immigration attorney ASAP.
          Going for stamping of H1B makes no sense here, as he already has been granted permanent residency. In fact, going for the stamping would be NEGATIVE for him . . .

          If the current H1B visa in your passport would be still valid the day you return to the US - that should get you through CBP. Read https://help.cbp.gov/app/answers/det...red-for-travel

          As insurance, if you have anyone in the US that can FedEx you the green card, I would do that too. CBP, when you show up with your "old but still valid" H1B may wonder - if it is close to expiration - but they should have on their computer your status change to resident. Or they may not - who knows.

          If you go for stamping to the embassy, and they check your status in the US, they will wonder why you even showed up for stamping, being as you are a resident.

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          • #6
            The card did not arrive yet. I just got the welcome notice which says that i will receive the card in 3 weeks.
            The problem is, my return date to US is 7th august. I asked my friend to fedex me the card if he receives it in time. If not can i travel with the welcome notice? Please suggest.
            Last edited by ramesh1979; 07-30-2015, 11:15 PM.

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            • #7
              Anyone gone through the similar situation? Please share some knowledge.

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