few questions about I 485

[manishkr3]

1. Can I travel abroad , once I apply for I 485 ? If it is not suggested then what should one do if travel is very urgent ?

2. I have not kept the copies of my I 94 in the last 6 years. It is required while applying I 485 ? What should I do ?

[curiousone]

Once you file the I-485 you must receive an AP documnet I-131 before you travel. If you travel without AP, you will be deemed to have withdrawn your OAS application.

Once you apply, you'll very likely get it but because you get it, does not mean you should travel on it. If you have accured any period of overstay after 1997, of more than 180 days, you will have problems reentering even with an approved AP!

if there is no overstay or other problems in your past, you can leave and reenter multiple times while the I-485 is pending.

[manishkr3]

Can't I travel on my H1 visa ? What happens if somebody uses his H1 visa for travel (after applying I 485)?

Once I apply for I 485, it may take some time to get the advance parole. What happens if I have to travel when I 485 is applied and AP is not yet approved ?

Thanks for your help

[indira76]

Hi,

I am in the same boat.We got recpts for 140,485,AP,and EAD this week.I am travelling to India next week.

My lawyer suggested that I take the original recpts + get my H-4 visa stamped(I have an appt in Delhi for the stamping since my visa is expired and I have a 797 original notice till Feb 2007)when i come back from India and not use my AP(we had asked if my husband can post AP to me in India, the lawyer says that the immigration officer might ask u about the dates..and rise a question

I believe that U have to be just physically present in the USA for applying for AP ..obviously the recpt notice is a proof for that

So I think travelling back with your H visa is a safe option(check **** **.com for this,which says If a person has a H visa and an AP he MUST enter with H visa and not AP)But as my lawyer suggested wait for the 485 recpt and then travel.

also check the following link whcih says H visas is an exception and your application will not be abandoned.

https://www.immihelp.com/i-485-adjustment-of-status/advance-parole.html

If I am wrong,please correct me

Also U can apply for an emergency AP from your local INS office ,(u can go thro infopass or some places walkin and fill the form and pay around $140..am not sure about the exact amt) showing proof for your emergency ..Again my lawyer said no for this and has asked me to come on H-4.

Thanks,
Indira76.

[txaggie]

Hence, does this mean that unless there is an emergency, it is not advisable to travel out of the US when the I-485/AP/EAD are pending and when the H1B visa in your passport is expired (my H1B status is valid into 2008 though- and I was planning to apply for an H1B visa overseas) . I don't even have receipts for these applications yet. I did buy my air tickets already, but have no emergency and will postpone my trip if absolutely certain that it could be problematic.

Please advise.

[curiousone]

Hence, does this mean that unless there is an emergency, it is not advisable to travel out of the US when the I-485/AP/EAD are pending and when the H1B visa in your passport is expired (my H1B status is valid into 2008 though- and I was planning to apply for an H1B visa overseas) . I don't even have receipts for these applications yet. I did buy my air tickets already, but have no emergency and will postpone my trip if absolutely certain that it could be problematic.

Please advise.

if you hold a H or L visa you can travel without the AP

[txaggie]

Thank you for your prompt response. Is it not true that, strictly speaking, if a Adjustment of Status/Advanced Parole applicant leaves the US without advance parole or a valid visa, their AOS is considered automatically abandoned? I guess the USCIS does not seem to be enforcing this, but has the right to enforce it if they choose to do so?
Is there ever absolute certainty that a H1B visa will not be denied, even for the applicant who has got it successfully several times in the past ?

[curiousone]

Thank you for your prompt response. Is it not true that, strictly speaking, if a Adjustment of Status/Advanced Parole applicant leaves the US without advance parole or a valid visa, their AOS is considered automatically abandoned? I guess the USCIS does not seem to be enforcing this, but has the right to enforce it if they choose to do so?
Is there ever absolute certainty that a H1B visa will not be denied, even for the applicant who has got it successfully several times in the past ?

That is the rule, but H, L , K visa holders are exempt from that rule. even when they have pending I-485

[txaggie]

Thanks for your reply. What about the possibility of a visa rejection -
is there ever absolute certainty that a H1B visa will not be denied, even for the applicant who has got it successfully several times in the past ?

[curiousone]

Thanks for your reply. What about the possibility of a visa rejection -
is there ever absolute certainty that a H1B visa will not be denied, even for the applicant who has got it successfully several times in the past ?

No, there is neevr any certainty and you should consult an attorney since your HiB staus expires in only 2 months. The visa part of it I cannot advise..perhaps you could post in that section of the forum.

[txaggie]

Thank you for taking the time to respond to my questions.