Urgent advice needed

[king_143]

Hello everyone,

I have submitted an application for I485 on May 11, 2016. It has been 13 days since we submitted our application and we have not yet received a receipt notice. My current visa status is H1 which is valid for the next three years and my spouse has an H4 valid till 2019.

My wife has to urgently travel out of United States for two weeks due to family emergency abroad. Since we have not received a receipt notice for our I485 and the fees checks have not been cashed yet. Would my wife be able to travel on her existing H4 visa? or does she definitely have to wait till we have the receipt notice from USCIS? I know that people who do not have a valid visa must have an advanced parole to travel outside of the USA but at this point we do not require to have an advanced parole as we already have a valid visa.

I have heard that her application would be abandoned if she left the USA without having a receipt notice from USCIS? However, we know that the package was delivered to the Lockbox facility on May 11, 2016 and has been signed for. Please you comments would be greatly appreciated. Thank you very much.

Best Wishes
King

[aevi]

Hi King_143

Yes your right, once they received your documents for I-485 it has already been record. She must not leave the country may cause abandonment of her application to be permanent resident. Usually it will take 3 to 6 months for the form I-131 and I-765 to be approved. I suggest to wait for that to approve first before she can leave the country. Did you guys file advance parole (Form I-131)?

Thanks