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Travel outside USA while I485 in process

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  • Travel outside USA while I485 in process

    We’ve filed for I485 and received RFE after completion of biometrics. And, we’ve applied for H4 renewal 10 months back but haven’t received any updated status (biometrics completed recently for h4). I wanted to go to India for a family emergency. Can I travel now? Are there any issues with my i485 filing?

  • #2
    I-485 will not get impacted if you are traveling and coming back on a visa. If there is no valid visa, you will need to get an Advanced Parole for travel, without which the I-485 will be treated as abandoned.

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    • #3
      Have you received your AP for your AOS?
      Is your H4 visa still valid (not expired)?

      There are only a few visas valid for travel while in AOS.
      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.

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      • #4
        Are you still maintaining H4 status now?

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

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        • #5
          Originally posted by RaviTh View Post
          We’ve filed for I485 and received RFE after completion of biometrics. And, we’ve applied for H4 renewal 10 months back but haven’t received any updated status (biometrics completed recently for h4). I wanted to go to India for a family emergency. Can I travel now? Are there any issues with my i485 filing?
          This can be tricky, speak to your attorney for best advice,

          If you AP that is i-131 is not approved, you would in a sort abandon you 131 which would have to be refiled after coming back (assuming you've a valid visa to come back).

          This is just my opinion and not a legal advice.

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