Can I travel outside US without Parole after filing 485?

A

Akash Sharma

Registered Users (C)
Hi,

I just got my labor approved and waiting for hard copy and I am preparing for concurrent processing. Probably next week We will file 140,485 and EAD. I have 2 years left for my h1 visa. My wife needs to go India in second week of May. Can she travel without applying Advance Payrole and after filing 485 and EAD? What will be impact on 485 and EAD?

Thanks in advance.
 
Originally posted by Akash Sharma
Hi,

I just got my labor approved and waiting for hard copy and I am preparing for concurrent processing. Probably next week We will file 140,485 and EAD. I have 2 years left for my h1 visa. My wife needs to go India in second week of May. Can she travel without applying Advance Payrole and after filing 485 and EAD? What will be impact on 485 and EAD?

Thanks in advance.
Click to expand...
If your wife has a valid H visa she can return to US with her H visa. It has nothing to do with I-485 except that she needs to be physically present in the US at the time of filing.
 
Bic_1702

"She also MUST show the original Receipt Notice of I-485 to the INS officer at POE."


Where did you get that above information. Do you have any authentification? I just want to know because I have the similiar case. It is not making sense to me at all that someone has to show I-485 receipt notice while someone will enter on H4. Why someone needs to wait till she/he gets receipt notice? If it takes 6 week to get, then someone has to wait that long to get the receipt notice even though he/she will use the H4.

If someone coming back before I-485 petition even get to their system, how the hack they would know.

Please, response here, if you have some more information. My wife also has same situation. We kind of afraid reading your post. Her flight is scheduled tomorrow. Please response, if you can....
 
Sahin,
you are right. There is absolutely no need to show I485 receipts at POE. I travelled on similar situation and my wife also travelled with H visas. No questions asked.
 
Sorry for answering so late. To answer Sahin and london123: our lawyer expressely told us to show I-485 filing receipt to the INS officer. I travelled abroad before applying to AOS, so I don't know that from direct personal experience.
 
Hi guys

I have a question regarding use of AP. Here's the situation.. I have been on H1B (valid till 2004) visa (my H1 visa on passport expired) , currently I am waiting to recieve AP after filing AOS. My wife who has valid H4 visa on passport has left US after filling AOS, and will return after few months. My question is if I use AP after visiting Canada before the return of my wife and continue working with my existing employer. will that invalidate my wife's H4 visa and/or would she face any problem when she will return to US after few months ? or she will be ok to use H4 to enter US ? Any experience ?? I would highly appreciate any info or guidance.
thanks
 
I have a question regarding use of AP. Here's the situation.. I have been on H1B (valid till 2004) visa (my H1 visa on passport expired) ,
--- You can get H1 visa stamp from your home country and can re-enter on H1, you are visiting Canada take the appointment and you can also get your H1 visa stamped, you will be able to collect the passport with Visa nest day of interview, if you still want to use AP that is up to you.

Currently I am waiting to receive AP after filing AOS. My wife who has valid H4 visa on passport has left US after filling AOS, and will return after few months.
--- She can return on H4 visa, after filing AOS (she should enter US before her H4 Visa in passport expire, as She has no AP with her,
My question is if I use AP after visiting Canada before the return of my wife and continue working with my existing employer. Will that invalidate my wife's H4 visa and/or would she face any problem when she will return to US after few months?
If you go to Canada and use AP to re-enter US, it will have no effect on her H4, you should NOT use EAD till she is back on H4, once the primary applicant uses EAD for work then you are no more on H1 status, just using the AP will not invalidate your H1 status if you are working with the same employer and maintain H1 status your wife can enter on H4.
Read the below sites take print out and read in detail:
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html

http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

or she will be ok to use H4 to enter US ?
-- She will be OK, see the above
 
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