AOS with no EAD and valid H status, travel

[rvankadari]

Hi
I am sure this question has been asked before but I recently applied AOS for me and my family and I also got the EAD approved for me and my wife. We didn't apply for AP. We both are still on valid H status(H1 & H4) and is valid till Feb 2007. We need to take a small vacation to India and my lawyer says I can't travel even on H status and if I cross the border, I have to file I-485 again. I read in so many threads on the forum that it is OK to travel as long as H status is valid. Just needed to confirm again.

2. How soon we get the appointment for Finger printing? I applied for 485 with ND July 7th 2005 at CSC.

3. What will happen if I miss the appointment time of FP? Can I reschedule it again?

EB3 RIR(PD: Oct 31st 2001, Approved date: April 2004)
I140(RD Feb 5 2005, AD: 24 May 2005)
I485(ND July 7 2005)
EAD( ND July 7 2005, AD July 21 2005)

 

[ari4u]

Hi
I am sure this question has been asked before but I recently applied AOS for me and my family and I also got the EAD approved for me and my wife. We didn't apply for AP. We both are still on valid H status(H1 & H4) and is valid till Feb 2007. We need to take a small vacation to India and my lawyer says I can't travel even on H status and if I cross the border, I have to file I-485 again. I read in so many threads on the forum that it is OK to travel as long as H status is valid. Just needed to confirm again.
You can travel with valid H1/H4 without problems. Your lawyer is giving you wrong information

2. How soon we get the appointment for Finger printing? I applied for 485 with ND July 7th 2005 at CSC.
Most of times, the NOA for I-485 would ask you to call a 1800# to schedule a FP appointment. Or you may get a separate letter asking you to do so. There is no fixed time for getting the notice but you can call USCIS to check if they sent it already because its more than a month.

3. What will happen if I miss the appointment time of FP? Can I reschedule it again?
Yes. Call up USCIS to reschedule.

EB3 RIR(PD: Oct 31st 2001, Approved date: April 2004)
I140(RD Feb 5 2005, AD: 24 May 2005)
I485(ND July 7 2005)
EAD( ND July 7 2005, AD July 21 2005)

 

[c514468]

If you only have a valid STATUS (H-1/H-4), you won't be able to get back in. You need a H-1/H-4 stamp in your passport or AP.

 

[rvankadari]

Thanks for the response

Thx Ari4u for the response.
I tried to contact USCIS on phone but automated response didn't give me any info regarding FP. I will try to contact them again.

c514468, I do have valid stamp on the passport till 2007. So that is not a problem.


EB3 RIR(PD: Oct 31st 2001, Approved date: April 2004)
I140(RD Feb 5 2005, AD: 24 May 2005)
I485(ND July 7 2005)
EAD( ND July 7 2005, AD July 21 2005, Card Received: 08/12/2005)