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  • Form 131 Travel Document

    Hi,
    My wife's Form I131 Travel Document has been Approved, as of August 17th, 2012!
    However,
    Her Case Status is now "Post Decision Activity" which says this:

    "For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State."

    It is now, August 28th, and we have yet to receive notice of this by mail.

    Does anyone know what happens now? And how long it will take from this point?

    (We have our interview for AOS on Sept. 19th, if that info helps)

    My wife had a death in the family, and we are trying to figure out if and when she can leave the country. We need to buy plane tickets!

  • #2
    If she is having a valid visa then she can make use of that for her trip as its related to Death. Also you have time till Sept 19th and by that time she can come back. Now a days USCIS takes time to send the receipt notice by mail - 4 to 6 weeks.

    /

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    • #3
      Originally posted by iitramesh123 View Post
      If she is having a valid visa then she can make use of that for her trip as its related to Death. Also you have time till Sept 19th and by that time she can come back. Now a days USCIS takes time to send the receipt notice by mail - 4 to 6 weeks.

      /
      Where does this information come from? Most sources I’ve found state that when you leave the US with an I-485 pending but without an AP, your AOS application will be considered abandoned and you won’t be able to enter again. A K1 visa, for example, is only valid once, so when you enter with a K1 you won’t be able to use that visa again. If you have another type of non-immigrant visa, such as F1 or B1/B2, you can’t leave and re-enter the country in F1 or B1/B2 status once you have gone into AOS pending status.

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      • #4
        Hi,
        I assumed the candidate has a H1B or H4. If its not then ignore my response.

        Here are some info from other sections:

        1. If you are currently in H1 status then my personal opinion is to continue to stay on H1 rather than become a parolee with AP entry. Ofcourse you can avoid a lot of hassles and mental tension with AP, however its good to be on H1 and keep AP as backup for re-entry.
        If God forbid your I-485 gets denied for some reason, then you will still be in status based on H1. If you are a parolee at the time of denial, then you go out of status right away. Ofcourse you can file MTR and still get back in status if things work out. But having H1 is the cleanest way to maintain valid status.
        You have to take the appointment from VFS website for the mumbai consulate. Keep in mind mumbai consulate process is slightly different compared to the other consulates in India. You have to send the application forms and required documentation 3 days prior to the interview date.

        2.Since you already have AP, there is no harm in getting H1B stamped. If it is denied for some reason you can always come back on AP. Make sure you carry a copy of your I-485 receipt for the interview.

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