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Travel Out of Country when final action dates are current

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  • Travel Out of Country when final action dates are current

    Hi,

    My i-485 is pending and my final action dates are current for couple of months now.
    However there is no certainity on when i would get my GC.

    I'm maintaining my status via H1.

    I have a need to travel out of USA and i will be using my H1 for travel.

    Given my situation, is it safe (GC perspective) to travel out of USA? Does it impact my GC in any way?



  • #2
    Can anyone please help me on this?

    Appreciate your time and guidance in advance.

    Comment


    • #3
      Consider googling for "out of country travel while AOS is pending" - you are likely to reach blogs by immigration lawyers for advice.

      AFAIK, while your AOS is pending, for travel out of the country, you need to either have 1) AP or 2) valid visa to re-enter in same status. But please confirm with you lawyers.
      EB1C India - MSC2190XXXXXX
      11/25/2020 - I485, I765, I131 sent to TX lockbox
      11/30/2020 - received at TX lockbox
      02/28/2021 - NOAs generated
      05/19/2021 - Bio done
      07/28/2021 - I485J fee waiver notice
      08/18/2021 - I765 - ordered new card
      08/30/2021 - RFE for BC+693
      09/22/2021 - GC in hand (primary)

      Comment


      • #4
        Thank you so such for that guidance. Let me research with tag "out of country travel while AOS is pending".

        Again appreciate your help.

        Comment


        • #5
          I took time and reviewed the article on google with search "out of country travel while AOS is pending". Appreciate your guidance on this.

          Here is my interpretation:
          It seems travelling out of country and coming back to USA with H1/H4 non immigrant visa while I-485 is pending does not have any impact on I-485.

          can anyone help review my interpretation?

          I could not get any verbiage in the articles around following questions

          Does USCIS approve my i-485 when I'm out country?
          Does USCIS send my GC cards to my mailing address on the file even though I'm out of country?
          (as my dates are current for quite some time and it can happen anytime)


          Comment


          • #6
            [QUOTE=NewBie_2000;n777027]I took time and reviewed the article on google with search "out of country travel while AOS is pending". Appreciate your guidance on this.

            Here is my interpretation:
            It seems travelling out of country and coming back to USA with H1/H4 non immigrant visa while I-485 is pending does not have any impact on I-485.

            can anyone help review my interpretation?

            I could not get any verbiage in the articles around following questions

            Does USCIS approve my i-485 when I'm out country?
            Does USCIS send my GC cards to my mailing address on the file even though I'm out of country?
            (as my dates are current for quite some time and it can happen anytime)




            I know at least one person who left the country and returned back on his H1 when 485 was in processing and dates current. Though in his case he got his GC after he came back to US. Not sure what will happen if you get your GC while you are out of the country.
            .
            I believe it is best if you consult an attorney in your case just to be sure.
            | This is my personal opinion and is not to be construed as legal advice |

            Comment


            • #7
              Thank you for quick response and guidance. Will reach out and post it here what I find.

              Comment


              • #8
                My attorney mentioned that if you 485 is approved while you are outside the country, you could make arrangement to have a friend mail the card to you and you can enter US with your GC.
                We are in a similar situation too.

                Comment


                • #9
                  Thank you for sharing. it's very encouraging.
                  These are some practical scenarios and not sure why it's not officially documented.

                  Comment

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