Advice needed on 485!!

N

Nrupa_tunga

Registered Users (C)
Hi all,
My I140 was approved 3 weeks back. Until now, I\'m getting all doc\'s ready for 485 application. I am leaving the country for vacation in Nov 1st week on H1. My question is, Is it O.K to leave the country after applying for 485 with no receipt on valid H1.or do I have to apply for 485 only after returning to U.S?? Please advice!!

Nrupa_tunga
 
No Title

you need the receipt. It is not safe to travel without receipt after applying for 485.
 
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why is it not safe? who will create any problem, and how will they even know whether i485 is filed?
you can always travel on h1
 
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while re-entry , you DEFINITELY need
 1) VALID H-1 AND I-485 RECEIPT
  OR
 2) Advance Parole
 
Thanks for ur feedback...

Now that INS is taking more than two months to just issue the receipt, the only alternate I have is to apply for 485 only after coming back from vacation. Any inputs regarding this is greatly appreciated..

Thanx a lot,
Nrupa_tunga
 
No Title

That\'s what I did in my wife\'s case who was not here when I wanted to apply for our 485\'s. I had to wait till she returned from vacation to file.

You have to wait till you receive atleast the receipt notice before making any travel arrangements though you might have a valid H1B.
 
All I needed was a valid HIB Stamp

I mailed my AOS application on 7/05/01. I went abroad in the beginning of August and returned in the 3rd week of August. My H1B Visa stamp had expired. I applied for an H1 visa at a US consulate abroad and mentioned in my visa application that I had applied for AOS. My visa got stamped with no problem. When I entered the US all the INS officer looked at was my H1B visa and stamped my I-94 thru the date on my H1 I-797 approval notice. If you remember, there is no place to even mention your AOS status on the I-94 form. The INS Inspector did not ask me and I did not tell him about my AOS. At that time I had not received my I-485 receipts yet, I just carried copies of my I-485 application. As I understand it, you only need the AP if you have used the EAD to procure employment. Otherwise, a valid H1B stamp in your passport is a perfectly valid travel document.

By the way, my wife also travelled with me. She had a valid H4 stamp in her passport and did not face any problems re-entering at the port of entry. Both of our AOS applications were mailed together.

The above is just my experience and my opinion and I am far from being an attorney.
 
No Title

Here is some info from Sheela Muthy\'s website I-485 FAQ\'s:

Question 7. What do I need to take with me now that I have my travel document?

If you are traveling using the travel document known as Advance Parole, then you just need that document as well as your passport. It may be helpful to also carry a copy of your I-485 receipt notice, though this is not required.

If you have obtained a travel document but prefer to use H1B, H-4, L-1 or L-2 visa then you would travel showing that valid visa, along with the original petition approval notice if you are the principal but dependents would need to show the dependent visa, like the H4 visa stamp or the L2 visa stamp, along with the marriage certificate or birth certificate, showing dependent status with the principal non-immigrant. You should also take with you in that instance your I-485 receipt notice. A person who is maintaining one of those four statuses listed above has the choice of either using that type of visa to travel or using the Advance Parole document. Just because you obtained an Advance Parole document does not mean that you are required to use it.
 
Made 3 trips out of US without 485 receipt

I am one of the unlucky April Mailers who
had a 6 week gap between mailing the application
and getting the receipt.

I had made 3 business trips out of the US in this
period. The only document I was asked for on my return
was the H1 notice to action to check the validity
of my H1.

None of the INS forms or website I checked had any
statement that the 485 receipt was needed if a
person was using his H1. Many non INS sites say it is
"Advisable" to re-enter with the 485 receipt but do
not state what is the worst case scenario if you are asked
for it and do not have it.
I have also not seen any posting by anybody who was asked
for the 485 receipt.

Having said this, it could be that I was stupid to travel
and just lucky that I was not asked.

It would be great if someone found an INS site that stated
the requirement clearly or any of the lawyers could explain
why they use "Advisable not to travel with the 485 receipt"
instead of "cannot travel"
 
Has anybody ever been asked whetner they have applied for AOS

Just a thought, think of all the times you or your family or friends/colleagues travelled on an H visa, regardless of your situation vis-a-vis AOS. Has anybody ever been asked whether they have applied for AOS. That question only gains prominence in our minds BECAUSE we have applied for AOS and need to travel in the interim. But from the INS Officers perspective, s/he should ask that question of everybody thats re-entering the US. If that question is rarely, if ever asked, the need to be in possession of the AOS receipts seems kinda moot to me. What do you folks think?
 
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