can I travel while 485 is being filed

[tanenbaum]

Hi
My H1 expires next year. My attorney is currently in the process of filing 485 for me. Are there any restrictions on the travelling outside the country during the filing of 485.
The law seems to indicate that this is not a problem
However, I keep on hearing (and at least the paralegal has advised me) not to leave US until a receipt is received from INS.
Can someone please comment on this?
Thanks

 

[nell02]

You can travel with H1

before the expiry. If H1 is stamped already in the passport it is multiple entry. Otherwise you may need to re-validate the passport at the counsulate. But if you have filed AP, it is more flexible. It won't take much time to get receipt now-a-days.
This is only my guess, always lawyers will have more up-to-date info.

 

[gcwaiting007]

IMHO

Even though travelling and this filing process are seemingly unrelated, general advise given to me at the time of my filing was - It is better to wait until you get your 485 reciept, which normally takes anywhere between 1-5 weeks. Mine, I got in 3 weeks, but I know guys who got in the 5th week.

But check with your attorney for facts

 

[goodsaint]

I-485 can only be filed when you are physically present in this country. You can travel on H1 with 485 receipt with you. Receipt does not take more than 10 days now a days.

 

[tanenbaum]

can I go out of the country after sending the 485 papers

Hi
I don't understand the logic behind waiting for 485 receipt.
Can I at least leave US after sending the papers.
While returning, I can always present a photocopy of the receipt at the port of entry.
My attorney is just plain blank on this issue. keeps on repeating that either I should postpone the filing or should wait until 485 receipt is obtained.