Current in June and emergency intl. travel.

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CurrentInJun07

Registered Users (C)
Folks - I am current in June and will have to travel to India in 3rd/4th week of june. I need help with the below for this situation:

1. My lawyer says once I apply for 485, I can not travel until I get a receipt. Is this true? (I have valid H-1 stamp)

2. If I need receipt to travel, when can I expect it.

3. Does the receipt go to the lawyer or is mailed to me.

Thank a lot in advance for the help.
 
your lawyer is right - you will need to wait till you get the receipt of filing your I-485. assuming that you file within the first week of june, you will get an electronic receipt within the following week. the physical I-485 filing receipt should come within 1-2 weeks of filing.
 
Why would he need his I-485 receipt if he travels on his H1 visa? If he wanted to get Advanced Parole and travel on that, he would need his I-485 receipt.

I have travelled many times on my H1-B visa, while I had a I-485 pending and was never asked to produce a receipt.

mdh
 
mdh3000 said:
Why would he need his I-485 receipt if he travels on his H1 visa? If he wanted to get Advanced Parole and travel on that, he would need his I-485 receipt.

I have travelled many times on my H1-B visa, while I had a I-485 pending and was never asked to produce a receipt.

mdh
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I think your case was different, you or your lawyer already got paper receipt before you travelled. As I understand the key point is A# which you get with receipt of I485.

My lawyer said the same that inspite of having valid H1 stamp in pasport I can not travel abroad (including Canada) during one month since I485 is filed.

From many many sources I got that before getting receipt one can forget traveling otherwise greencard is considered abandoned.

BTW only H1 and L1 allowed to travel without AP in hands.
 
Last edited by a moderator:
CurrentInJun07 said:
Folks - I am current in June and will have to travel to India in 3rd/4th week of june. I need help with the below for this situation:

1. My lawyer says once I apply for 485, I can not travel until I get a receipt. Is this true? (I have valid H-1 stamp)

2. If I need receipt to travel, when can I expect it.

3. Does the receipt go to the lawyer or is mailed to me.

Thank a lot in advance for the help.
Click to expand...


I hope you were answered in previous posts. Your attorney will get the receipt.

There is another more serious problem than getting receipt.
When you file I485 most probably you get in a couple of weeks request for biometric appointment. You need to do fingerprints in the specified time and specific place which INS assigns for you. If you do not reschedule it and do not do fingerprints, they may consider that case is abondoned. As I know it is not a problem to reschedule bio appointment for the next weeks but it is a problem when you plan to be abroad more than one month.
 
You are supposed to file the I-485 while still inside the US.

If the I-485 receipt date is a date when you are known to be outside the US, the I-485 will be rejected. They won't necessarily mark the receipt date as the same date that Fedex/UPS/Priority Mail delivered it. So you want to get the receipt before leaving, so there will be no doubt about whether you were inside or outside the US as of the receipt date.
 
travel question

Jackolantern said:
You are supposed to file the I-485 while still inside the US.

If the I-485 receipt date is a date when you are known to be outside the US, the I-485 will be rejected. They won't necessarily mark the receipt date as the same date that Fedex/UPS/Priority Mail delivered it. So you want to get the receipt before leaving, so there will be no doubt about whether you were inside or outside the US as of the receipt date.
Click to expand...

I am in the same boat. I had plans to leave this week for India for 5 weeks. Since my PD will become current on June 1st, I rescheduled my trip and now getting ready to apply for 485 in June. I did plan to get my stamping done at the consulate while I am there. I have 3 yr H1 extension based on my 140 approval. Here are my questions -

1. What is an average length of time it takes to get AP once 485 is applied?
(I know it will be anyones guess. I am sure you guru's guessing is better than me)
2. Is it a good thing to travel on AP? I mean I was trying to understand if there are any inherent risks involved activating AP.
3. If I invoke AP, does it automatically invoke EAD?
4. If there is no immediate rush to travel to India, what is the safe time to travel to India since 485 is applied?

Thanks in advance for your time in answering these.

~~~
EB2/PD:10-01-2003/140 approval:01-14-2007/Planning to file 485 in June
 
DBEC_Labor_Pain said:
I am in the same boat. I had plans to leave this week for India for 5 weeks. Since my PD will become current on June 1st, I rescheduled my trip and now getting ready to apply for 485 in June. I did plan to get my stamping done at the consulate while I am there. I have 3 yr H1 extension based on my 140 approval. Here are my questions -

1. What is an average length of time it takes to get AP once 485 is applied?
(I know it will be anyones guess. I am sure you guru's guessing is better than me)
2. Is it a good thing to travel on AP? I mean I was trying to understand if there are any inherent risks involved activating AP.
3. If I invoke AP, does it automatically invoke EAD?
4. If there is no immediate rush to travel to India, what is the safe time to travel to India since 485 is applied?

Thanks in advance for your time in answering these.

~~~
EB2/PD:10-01-2003/140 approval:01-14-2007/Planning to file 485 in June
Click to expand...

You mentioned that you have H1 extension for next 3 years. In that case why do you want to travel on AP? In fact you should not even apply for EAD and AP if you intend to maintain your H1-B status.

There are two options for you. You can either remain on H1 by doing nothing (since you have the 3 yr extn.). Or you could change your status to AOS (Adjustment of Status - 485 pending). This status will only trigger either if use your EAD for work, or if you travel using AP, or if your H1 expires.

Lot of people consider EAD as a status, which it is not. EAD is a work permit for people with AOS status, and AP is the travel document. If your 485 is pending and you do not wish to work or travel outside the country, then you do not need EAD or AP to maintain a valid status in the US.

Hope this clarifies things.
 
mdh3000 said:
Why would he need his I-485 receipt if he travels on his H1 visa? If he wanted to get Advanced Parole and travel on that, he would need his I-485 receipt.

I have travelled many times on my H1-B visa, while I had a I-485 pending and was never asked to produce a receipt.

mdh
Click to expand...



The point is .. the validity of 485 application. To apply for 485 one needs to in US. Ok.. once you dispatch the 485 from Ur attorneys office .. you will not know if USCIS have received the application .. that is LIN number(etc) get attached to your A#.
So he can travel .. but his 485 might get rejected later .. when they find out that on the RD .. he was out of country.

They way you fill the 485 application determines if the receipt comes to you or to your attorney.
 
Ok -

MA_Labor said:
You mentioned that you have H1 extension for next 3 years. In that case why do you want to travel on AP? In fact you should not even apply for EAD and AP if you intend to maintain your H1-B status.

There are two options for you. You can either remain on H1 by doing nothing (since you have the 3 yr extn.). Or you could change your status to AOS (Adjustment of Status - 485 pending). This status will only trigger either if use your EAD for work, or if you travel using AP, or if your H1 expires.

Lot of people consider EAD as a status, which it is not. EAD is a work permit for people with AOS status, and AP is the travel document. If your 485 is pending and you do not wish to work or travel outside the country, then you do not need EAD or AP to maintain a valid status in the US.

Hope this clarifies things.
Click to expand...

Thanks Ma_L, for the response. My plan is not to use AP/EAD since I have 3 yr H1 approved. But the only instance where I might use AP is to get back into US in case my VISA gets rejected for some strange reason at the consultate. I hope not. Otherwise I do not intend use AP/EAD.

Now I m planning to give it 2 months after submitting 485 in order all the necessary screening of my app is done and I complete all the formalities such as FP etc before I travel. I am still trying to figure out the risk, what if my 485gets approved (being very very very very optimistic here :) ) while I am in India on H1. Does it pose any risk to my eligibility to enter US?
 
MA_Labor said:
Lot of people consider EAD as a status, which it is not. EAD is a work permit for people with AOS status, and AP is the travel document. If your 485 is pending and you do not wish to work or travel outside the country, then you do not need EAD or AP to maintain a valid status in the US.
Click to expand...
You still need EAD to work for somebody other than your H-1 sponsor.
 
DBEC_Labor_Pain said:
Thanks Ma_L, for the response. My plan is not to use AP/EAD since I have 3 yr H1 approved. But the only instance where I might use AP is to get back into US in case my VISA gets rejected for some strange reason at the consultate. I hope not. Otherwise I do not intend use AP/EAD.

Now I m planning to give it 2 months after submitting 485 in order all the necessary screening of my app is done and I complete all the formalities such as FP etc before I travel. I am still trying to figure out the risk, what if my 485gets approved (being very very very very optimistic here :) ) while I am in India on H1. Does it pose any risk to my eligibility to enter US?
Click to expand...

I don't see why your H1 visa would get rejected unless you have something to worry about. This is my 8th year on H1. During this timeframe I have worked for 6 different employers on H1. 4 out of those I have gotten stamped in India. Never had a problem. My wife is using EAD and she's traveled on AP without any problems. So my suggestion is that you shouldn't worry too much unless there's a genuine reason to worry.
 
Jackolantern said:
You still need EAD to work for somebody other than your H-1 sponsor.
Click to expand...

I am talking about someone who's not planning to work. For example, one of my friends would apply EAD and AP for his wife diligently every year, even though she wasn't working.
 
sfmars said:
I hope you were answered in previous posts. Your attorney will get the receipt.

There is another more serious problem than getting receipt.
When you file I485 most probably you get in a couple of weeks request for biometric appointment. You need to do fingerprints in the specified time and specific place which INS assigns for you. If you do not reschedule it and do not do fingerprints, they may consider that case is abondoned. As I know it is not a problem to reschedule bio appointment for the next weeks but it is a problem when you plan to be abroad more than one month.
Click to expand...

How long does it take for the finger printing notice to arrive after the receipt notice? Can this be postponed for a month or so by calling USCIS?

My situation will be a close call between travel and receipt notice. Should I be concerned that the receipt notice may get delayed due to the huge numbers of applications expected in June?

Thanks for your help everyone.
 
Ok

MA_Labor said:
I don't see why your H1 visa would get rejected unless you have something to worry about. This is my 8th year on H1. During this timeframe I have worked for 6 different employers on H1. 4 out of those I have gotten stamped in India. Never had a problem. My wife is using EAD and she's traveled on AP without any problems. So my suggestion is that you shouldn't worry too much unless there's a genuine reason to worry.
Click to expand...

No, I do not have any specific reason to worry. I myself had my H1 stamp last year while in India. This is my 9th yr on H1 and never was out of status. I guess I was thinking too much.

Can you please comment on my other question if you (or anyone) can - @what would be the risk if my 485 is approved while I am in India on H1 (without using AP)? Can I safely return to US on H1?
 
butthead said:
How long does it take for the finger printing notice to arrive after the receipt notice?
Click to expand...
Anywhere from a week to more than a year.

Can this be postponed for a month or so by calling USCIS?
Click to expand...
I think so, yes. But I know you can postpone it by filling out the bottom half of the fingerprint notice and mailing it in before the date of the appointment. However, doing that may delay your case by months.

My situation will be a close call between travel and receipt notice. Should I be concerned that the receipt notice may get delayed due to the huge numbers of applications expected in June?
Click to expand...
Yes you should be concerned. Nobody knows when the receipt notice will come and the receipt date could be anything.
 
yamkara said:
your lawyer is right - you will need to wait till you get the receipt of filing your I-485. assuming that you file within the first week of june, you will get an electronic receipt within the following week. the physical I-485 filing receipt should come within 1-2 weeks of filing.
Click to expand...

How can i get electronic receipt?where should i mention my email ID on the form?
Is electronic copy not sufficient to travel or should we have paper copy of 485 receipt notice?
 
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