applying for i485, travel to india

G

ghati

Registered Users (C)
hey folks,
my I140 was approved and I am applying for I485
however I have to go to india during thanksgiving, which cant be avoided
can I apply for 485/EAD and still travel to india on h1?
someone said I need to get a receipt of I485 application before I can travel.
is that true? what are the options? or should I wait till I come back from india?
ghati
 
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If this is of any help. I applied for I-485 and also AP and EAD. I travelled without both of them to India because I had a valid H1 in hand. When I came back, I presented my H1 to the officer. I had no problem as I had a valid H1 in hand.
 
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I agree with Kiran. As long as you have a valid H1, you should not have any problem. You can reenter on H1.
 
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NOTE: If you have applied for adjustment of status, you may need permission to return to the United States before traveling abroad. If you do not apply for Advance Parole BEFORE you leave the country, you may be abandoning your application with the INS and upon your return you may be refused admission to the United States.
Please read.
http://www.ins.usdoj.gov/graphics/services/emergency/EMERtrvl.htm
 
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I have valid Advance Parole,EAD and my FingerPrinting is scheduled on Nov13th.After FP on thanksgiving I\'m travelling to India for 5 weeks.
I do not have valid H1.Will it be any problem? Is there any formalities I need to do before leaving for India. Is there any special Docs or anthing I need to produce to INS officer during entering back here?
ANy link related to this
My EB2,PD Apr\'99, ND/RD Jul\'00.
 
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Technically, all you need is the valid AP. But you can also have an employment verification letter from your employer and a few recent pay-stubs, just for your peace-of-mind. Normally, the INS officer at the port-of-entry will not require you to produce those documents....
 
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I read the following on immihelp.com
The person needs to carry his/her "original" I-485 receipt otherwise serious delay at the airport may be caused.
is this true?
Kiran, did u have your i-485 receipt with you when u travelled on h1?
 
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I agree with gcbos:

I spoke to my lawyer about the same question and she said while you apply for AOS, no mater if you have valid H1 and travel visa, you should not travel, otherwise you jeopardize your AOS with INS, she suggested I should wait til I recieve Adv. parole before I travel.
Please consult your lawyer before you make any plans/decisions.

Inam
 
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