advise me

ramprak

Registered Users (C)
my RD:NOV 23 200I,I-485 is still pending but do have valid h1b visa till next year jan,I dont have AP can I travel to india in august of this year ...will there be any problem to re-enter US incase of approval when Iam abroad
 
People had re-entered with approval coming up when they were out of the country..Go thru this forum and do a search and you would get an answer..!

Shouldn't be a problem...That's my GUESS..
 
from murthy.com

Question 4. What is a travel document and do I need it? TOP

A travel document (Advance Parole) permits a person to travel outside of the U.S. while the adjustment application is pending. It is necessary if one needs to travel during the pendency of the adjustment application and does not have another status on which to reenter the U.S., namely H1B or H-4, L-1 or L-2. The earlier doctrine, that leaving the U.S. while the adjustment application is pending could be considered abandonment of the application unless advance parole is received prior to traveling, is no longer valid for Hs and Ls. Since June 1999, one can travel and reenter the U.S. on H or L status by showing both the visa stamp in the passport and the petition approval, no longer requiring one to file an Advance Parole. For a person in any other status (besides H1B or H-4, L-1 or L-2), leaving the U.S. while the adjustment application is pending would still be considered an abandonment of the application, unless advance parole is received prior to traveling.

Please note that a person who is out of status may be advised not to travel abroad until the Adjustment is approved. One who has overstayed 180 days and then travels abroad would not be readmitted for 3 years, while for a one-year overstay there is a 10-year bar on reentry. The advance parole document would not protect one in this situation and, in fact, the document since 2000 contains a specific warning about the 3-year and 10-year bars. You should seek the specific advice of an attorney on that point if there is a possibility this applies to you.
 
thanx patiencegc ....I need to go to india in august & applied for AP but not sure how long it takes to come & I was worried to travel with out an AP though my H1B is valid till next year jan.........but after reading the murthy.com info Iam now planning the trip & will collect my AP after coming back to US..........thanks a lot everyone for ur help.
 
small query in murthy.com info it is said that H & L visas can travel abroad & reenter by showing both stamp in passport & petition approval........I've valid h1b so have stamp in passport but what is this petion approval? is it also necessary along with valid visa stamp in passport while reentering? can any one clarify?
 
Originally posted by ramprak
small query in murthy.com info it is said that H & L visas can travel abroad & reenter by showing both stamp in passport & petition approval........I've valid h1b so have stamp in passport but what is this petion approval? is it also necessary along with valid visa stamp in passport while reentering? can any one clarify?

The stamp is the VISA stamp on the pp.. the petition is the H1 approval paper (green document). Both are required.
 
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