filing i485 in Apr for EB1c dependent when dependent tavelled out of US temporarily

[aruna.apsangi]

Hi,

i'm in EB1c ( employement based category) with Nov20 PD. i485 is open in April for EB1C.

1. I've( Primary i140 applicant) to travel out of US and have Valid L1 visa till next year. Can i submit 485+EAD application and travel on the same day. Not applying for AP and enter US after month wirh L1A.
Will this anyway affect my 485 application as I94 date will change.

2. My spouse( dependent applicant ) is traveling out of US temp for few weeks in March itself and entering US back after a month. He filled all the application before travel. During the period he is out of country, can i submit his 485 application for spouse/dependent?

Thank you.

[newacct]

You need to be in the US on the day your I-485 is officially received by USCIS. Same with your spouse -- he needs to be in the US on the day his I-485 is officially received by USCIS.

[aruna.apsangi]

Thank you for your below response. Its pretty clear for my spouse. Need some input for me, I'm doing Fedex to USCIS to receive my application on 1st Apr and traveling out of US on the same day night 8pm flight. Would that be problem ? And where can i find more information about this. Thank you once again.

You need to be in the US on the day your I-485 is officially received by USCIS. Same with your spouse -- he needs to be in the US on the day his I-485 is officially received by USCIS.

[newacct]

The official "received date" is often not exactly the same day as when the carrier says the package was delivered. So your plan is risky.

[aruna.apsangi]

Thank you so much . Appreciate your immediate response.

[aruna.apsangi]

Hi, Through Emma, I chatted with USCIS Service representative now, here is the update i got.

Me: Could you confirm also about my i485 application acceptance by USCIS as I'm traveling on the same day - Do I need to be in the US on the day my I-485 is officially received by USCIS ?

USCIS Rep: No, you do not have to be in the US when the application is received.

Me: Thank you. My spouse( dependent ) is traveling out of US temp for few weeks in March itself and entering US back after a month. He filled all the appln before travel. When he is out of country, can i submit his 485 appln along with other dependents. I'm the primary applicant and i've 3 dependents.

USCIS Rep: Yes, you may submit the application for your dependents while they are traveling.

Regarding entering back to US they confirmed I can be back with Valid L1 Visa and petition, however suggested to double check by calling Customs and Border Patrol team.

[newacct]

That information is clearly wrong.

[aruna.apsangi]

Got it, thank you ..will plan cautiously

[Enub4]

Page 2 from https://www.uscis.gov/sites/default/...i-485instr.pdf

Furthermore, you must be physically present in the United States to file this application.

They even bold 'physically present'.

There is a new edition for form I-485 (03/10/21), it will be required starting April 19, 2021.

[randUser9]

IMO, what you plan to do will get your application being abandoned. As soon as USCIS receives the application, you need an AP to travel & re-enter. If it was me, I will file after I am back from my travel.

[newacct]

IMO, what you plan to do will get your application being abandoned. As soon as USCIS receives the application, you need an AP to travel & re-enter. If it was me, I will file after I am back from my travel.

I-485 won't be abandoned if he has L1 status right before leaving and return on an L1 visa, even if he doesn't have AP. But he still needs to be in the US when the I-485 is filed (received).