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  • Travel outside USA with pending AOS

    Hello,
    I have an interview date for my AOS i-485 greencard application coming up in a month. I am currently on H1B status with a valid visa stamp. I was hoping to travel outside USA on my H1B visa. What happens in the scenario that my greencard gets approved while I am outside the USA. My status in that case would change. How do I renter the USA then? I wouldnt have an actual copy of the greencard since it would have been mailed to my US address, and I suppose the H1B status ends with the issuance of the greencard?

  • #2
    What I would do: go to interview, if everything goes well you will be approved on the spot, talk about the need to travel and they will give you information about how to get a stamp on your passport so you can travel and return. I-551 stamp:
    Click image for larger version

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    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 999 - Card delivered to me - Aug 2021
    ---
    All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

    Comment


    • #3
      I'm not sure if this applies to AOS from H1B, but typically if you leave the US without AP while AOS is pending, you are abandoning your AOS application. Whether or not you will be allowed back in the US on your H1B is another story.
      2019/02/27 PD
      2019/03/09 Received Receipts
      2019/03/15 Received Biometrics Appt.
      2019/03/26 Biometrics Appt.
      2019-04-01 Case ready to to be scheduled for interview
      2019-04-22 Interview Notice received via USPS
      2019-05-20 Interview: Approved after 82 days.
      2019-05-21 Card in production
      2019-05-23 Update that USPS picked up the card
      2019-05-24 I-130 and I-485 Approval Letters received via USPS.
      2019-05-29 Green Card Received

      Comment


      • #4
        Originally posted by JunkMart View Post
        I'm not sure if this applies to AOS from H1B, but typically if you leave the US without AP while AOS is pending, you are abandoning your AOS application. Whether or not you will be allowed back in the US on your H1B is another story.
        Someone in H1b/H4/L1/L2/K3/K4/V status right before they left and who returns on the same type of visa does not abandon AOS.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by newacct View Post

          Someone in H1b/H4/L1/L2/K3/K4/V status right before they left and who returns on the same type of visa does not abandon AOS.
          However if you leave the US before your I-131 is approved your Advance Parole I-131 will be denied
          EB2 - National Benefits Center (I-485/I-765/I-131)
          - Priority Date: 10/19/2018
          - Biometrics NOA: 11/09/2018
          - Biometrics Appt: 11/26/2018
          - Fingerprint Review Completed: 11/28/2018 and again on 12/05/2018
          - Combo card (I-765/I-131) approved: 05/03/2019
          - Combo card (I-765/I-131) received: 05/10/2019
          - Interview Notice: 10/03/2019
          - Case Approved: 10/04/2019
          - Card in hand: 10/10/2019
          (374 days of DOL/I-140 and 356 days of AOS = 730 days of Green Card Process)

          Comment


          • #6
            And I think the original question still stand, what happen if you go to your interview for GC, then travel abroad with H1b visa, then the GC is mailed to your US address and you then travel back to the USA, can you enter with H1b?
            Nov 2018 - Package sent - EB - Texas Service Center
            Day 1 - Package received at the lockbox
            Day 999 - Card delivered to me - Aug 2021
            ---
            All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

            Comment


            • #7
              Originally posted by Spaniard88 View Post

              However if you leave the US before your I-131 is approved your Advance Parole I-131 will be denied
              As long as you travel on your visa, it won't do anything to your AoS.
              C9 NY

              * 10/25/18 - PD
              * 10/31/18 - Credit Card charged for both i-130 and i-485
              * 11/01/18 - 4 text messreceived
              * 11/06/18 - 4 NoAs in mailbox
              * 11/10/18 - Biometrics notification in the mail
              * 11/21/18 - Biometrics Appointment
              * 12/05/18 - "Fingerprint Review was Completed" i-485 and i-765
              * 02/27/19 - "Case is ready to be scheduled for an interview" i-485
              * 02/28/19 - Received the i-693 Courtesy Letter
              * 05/20/19 - 2 NoAs for i-765 and i-131 in mailbox
              * 05/22/19 - Combo Card in hand

              Comment


              • #8
                If you travel outside US while I-485 is pending adjudication and you do not have a valid VISA and you do not have an Approved Advance Parole before you leave US then - your I-485 application WILL BE denied.
                If you do have the VISA, you can travel outside and come back and you dont need Advance Parole in which case 485 will have no impact.

                If you attend interview and everything goes well, you will be approved on the spot and your Legal Status in the USCIS system should change to an Immigrant Status and H1B (non-immigrant status) will not be a valid document to seek entry. You should make entry on your GC. And, if you leave US without having a Green Card, I am not sure what will you show to the CBP officer at the Port of entry.

                Again, this is my personal opinion and I dont know official and legal response. So talk to your attorney.
                <Anything I post on this website is a personal opinion or information from personal experience. This should not be treated as a legal advice.>
                PD: 31-May-2017
                Category : EB1C
                Concurrent Filing
                Status: Pending

                Comment

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