Traveling immediately after filing i-485

[magabh]

Hi,

I was planning to visit my native place with family. I already have tickets booked for 24th July. Now, I need to submit i-485 which I hope to do by 23rd July. Is it safe to assume that USCIS receives my application by 24th and proceed with my travel. There should not be any issue entering back in US as I have valid h1B/H4 etc. But, I guess my travel date is too close to my filling date and it can make my I-485 case invalid.

Any suggestion is most welcome.

-magabh

[baluraj]

If you have a valid visa in your passport you should not have any problems, since the h1-b visa you are holding is still valid.

[magabh]

i think i may not have problem with coming back but my I-485 can be at risk.

[jamesbond]

i am also in the same boat, i have to travel on aug 1 and my lawyer is going to file mine on july 30 or 31, i was going to couple of site and figured this out :

Per *** - this is what the other lawyer said : have been receiving a large number of emails with a question of traveling in a valid H-1B status pending receipt notice of I-485 applications. The H-1B alien enoys the dual intent of permanent resident intent and temporary resident intent at the same time. Accordingly, filing of I-485 will not affect his/her H-1B status including traveling on a valid H-1B visa in the passport. However, there is a risk for such trip at this time because of the special circumstance. As I explained earlier in answer to another question, the law requires that I-485 applicant must be physically present in the U.S. to "file" I-485 application. Physically delivery of the I-485 application alone does not constitutre "filing." If the I-485 application is "rejected" for one of the various reasons, it is not considered filed. If the application is rejected and re4urned, you should quickly refile it, certainly before August 17, 2007. When you are not present in the U.S., you will not be able to file it. If someone files it on your behalf when you are physically not present in the U.S., the USCIS will eventually det%ct it while they adjudicate your I-485 application since part of ther jobs is to check every single entry and exit stamps. I do not recommend people to leave the country before receiving the Receipt Notice.


i am totally confused now