Can I Travel While I-140/I-485 is Pending without AP?

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kuttis

Registered Users (C)
I found the following from Murthy.com

Can I Travel While I-485 is Pending? ©MurthyDotCom
Given the unpredictability of processing times, it is possible for the I-485 to be approved while one is traveling abroad. Therefore, although H-1/H-4 and L-1/L-2 holders can travel without advance parole, it is best not to do so. This is particularly true for individuals who do not have valid visas in their passports. If the I-485 is approved while an individual is abroad, s/he is no longer eligible for nonimmigrant (temporary) status. The best situation is for the individual to have advance parole, which makes travel possible, and to explain the fact of approval at the Port of Entry. The worst situation is if an individual does not have advance parole and plans to obtain an H or L visa at the consulate for reentry. If the I-485 is approved while this person is abroad, s/he is not eligible for the H or L visa at the consulate. Without other documentation permitting travel, one would not be allowed to board the plane without a travel document or valid visa stamp in the passport.

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My scenario is like this, I have done my H1 stamping (from DOS, Washington) on my passport valid upto June 2006. I filed concurrently I-140/I-485 with NSC in March 2004, my I-140/I-485 is still pending and I am still in H1.

I am planning to travel to India for a month vacation during Jan 2005, but I dont have a AP. If the I-485 is approved while I am abroad, Can I still come back to US using my H1 visa?

Any help would be greatly appreciated. Advance thanks for your reply.
 
kuttis said:
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My scenario is like this, I have done my H1 stamping (from DOS, Washington) on my passport valid upto June 2006. I filed concurrently I-140/I-485 with NSC in March 2004, my I-140/I-485 is still pending and I am still in H1.

I am planning to travel to India for a month vacation during Jan 2005, but I dont have a AP. If the I-485 is approved while I am abroad, Can I still come back to US using my H1 visa?

Any help would be greatly appreciated. Advance thanks for your reply.
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Sure, you can still come on H1 visa after your 485 is approved. You will be taken into secondary inspection and parolled. But I think its a good idea to have AP as a backup.
 
Thanks jllag1 for your information, but I have applied for AP right now and I dont think I will get it before Jan. Will it be a problem to travel without an AP?
 
I don't think you will have any problems. Do talk to your lawyer, just to be on the safe side.
 
Well What I heard is different. If you 485 is approved you are automatically ineligible for non immigrant visa's. So if you are outside and if you 485 is
approved then you cannot use H1B or anyother non immigrant visa any more.
The only option to get in is using advanced parole.

I would consult with attorney.

thx
babu
 
Hi

I was in the same boat last month before I leave to India.My 140/485 filed in sep '04 and lawyer says it's better to have AP if you go out of country.

Unless your 485 approves if you are out of US and you don't have AP you are in trouble, because once 485 approves your H1 is invalid.If you look at 485 application one of the point( I think in page 3) it clearly says that for H1/L1 and their depends no need to have AP if they have valid visa whild their 485 filed.

If your trip is short trip for month or so, you can go and come back with your H1 visa.Because NSC approval is not happening with in a year as yours filed in this year.

I came back from India on H1 visa this month while my 140/485 filied.

hope this will help you.
 
ram_pk,

Do you need to show your copy of I-485 receipt notice when you are re-entry? or just the H/L visa stamp is ok? Please let me know, because I am same boat as you, need to travel but without AP.

Thanks
 
Hi

Nobody asked me anything regarding about I-485 at port of entry.But after seeing few forms, I took original receipts from my lawyer before I went India.
 
If you havent got finer printing yet, need not to worry, I never heard anyone got I-485 approved without FP
 
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