Traveling India without 485 receipt

L

little_tongya

Registered Users (C)
Hello All,

I am worried b'cos I need to travel India on family emergency basic. I filed 485 on Aug 10 and waiting for receipt. My attorney has told, not to travel till I receive receipt.

Since my VISA on passport is expired, I am going to get my VISA stamped on the way back.

Has anybody come across such situation? I am worried !!
 
search is also your friend....


You may want to search some other threads with similar information.

It is a matter of choice, and willingness to take risk. There is some risk in traveling without receipt as you don't know when USCIS considers your case as receipted. If it happens when you are outside of the country, it may be a problem. In most cases, it is not a problem to travel outside the country.
But, you do have to get your visa stamped anyways unless you already have the AP.

Hope some of these other threads help you with your question.

One thread

Another One
 
Spoke to my attorney and attorney suggested me to take InfoPass appointment and request for emergency Advance Parole.

Otherwise, atorney said there is some risk involved but abandoning the 485 cases in such scnerio are seen but very rare.

And one more thing also suggested by attorney is even if it abandoned one can reapply.
 
little_tongya said:
RealCanadian.. Please help with my post.. I am really worried.
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The major area of concern I would have is if the consulate does not want to give you the H-1 stamp. The pending I-485 shouldn't affect it, but perhaps there's a missing document or two. What would you do in such a circumstance?
 
The major area of concern I would have is if the consulate does not want to give you the H-1 stamp
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RealCanadian,
Why do you feel so and how is it related to 485 filed? IO can even reject even I had not applied 485.


The pending I-485 shouldn't affect it, but perhaps there's a missing document or two. What would you do in such a circumstance?
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I did not get the context, can you please explain?

If documents are missing, USCIS will issue RFE for which my attorny would resposnd.
 
RealCanadian,

I have InfoPass appointment tomorrow. I am planning to request for emergency AP. If they grant that would be great. But if they refuse, will that affect my 485 processing?
 
little_tongya said:
RealCanadian,

I have InfoPass appointment tomorrow. I am planning to request for emergency AP.
------------------apply emergency AP if you have any fax with you related to emergency, they will ask the documents related to emergency and I see very less chance for emergency AP from Local office (they dont have info if your I-485 is filed and they may ask for reciept of I-485 filing) Ask for the supervisor if at window they say NO
If they grant that would be great.
But if they refuse, will that affect my 485 processing?
---------------NO
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you are correct if USCIS sends to RFE for any missing document then your lawyer can reply. but if US consulate does not give you H1 visa stamp then how you will enter? to enter US you will need H1 stamp or Approved AP in hand before you go out if you want to use AP if any problems with H1 stamp. US consulate cant reject H1 becase of I-485 filing H1 is dual Intent visa.
 
Emergency AP for InfoPass appointment

Been to InfoPass appointment

1. IO was very co-operative. He told, local office can not issue emergency AP without receipt notice for 131

2. But she told that they will expedite my case to get either receipt for 485 or AP approved.

But I will still be getting my VISA stamped on my way back.
 
little_tongya said:
RealCanadian,
I did not get the context, can you please explain? If documents are missing, USCIS will issue RFE for which my attorny would resposnd.
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I'm not talking about the I-485; I mean the visa stamp. If the consular officer rejects you based on incomplete documentation, what do you plan to do?
 
I'm not talking about the I-485; I mean the visa stamp. If the consular officer rejects you based on incomplete documentation, what do you plan to do?
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RealCanadian,

I have been for H1 stamping three times and I am trying to collect all the surplus documents.

It is the same risk as I had last two time, isn't it??

I am not worried about H1 stamping It is calculated risk. But abandoning the 485, because traveling w/o receipt is different issue and worried about that. I am more worried, abandoning the 485 while date is not current, because USCIS abandons my case while date is current then I can refile.

Any input on this???
 
little_tongya said:
I have been for H1 stamping three times and I am trying to collect all the surplus documents. It is the same risk as I had last two time, isn't it?? I am not worried about H1 stamping It is calculated risk.
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That's the answer I was looking for. As long as you are aware of the risk and have made an informed decision about it (which you seem to have done), you'll be fine.

But abandoning the 485, because traveling w/o receipt is different issue and worried about that.
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The portion of the regulation has never to my knowledge been enforced. As I've mentioned here, I've traveled numerous times with the I-485 pending, without the receipt, and was never even asked about the I-485; never mind the receipt. I believe this portion of the regulation has been explicitly scrapped, but either way I don't spend much time worrying about it.
 
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