Can She Travel on Advance Travel Document

ukb

Registered Users (C)
Hello,
I have I-140 Approved and I am on H1B visa. My 485 is pending. Both my wife (J-1 visa) and son (J-2 visa) have 485 pending as well, but they have advance travel document. I have couple of

Questions, Please advice:

1. Can they travel on J-1 or J-2 without affecting 485 petition?
2. Or they have to travel on advance travel document?
3. After re-entry into US, can she work on her J-1 as her J-1 is valid for another year.

Please Guide

UKB
 
1. Can they travel on J-1 or J-2 without affecting 485 petition?
Yes. If they have a valid Visa on their Passport

2. Or they have to travel on advance travel document?
They don't need to use AP if they don't want to

3. After re-entry into US, can she work on her J-1 as her J-1 is valid for another year.
Yes. if they enter using J-1 Visa

This is my understading.
 
1. Can they travel on J-1 or J-2 without affecting 485 petition?

Not advised. J is a non immigrant visa. By filing 485, they have shown intention to immigrate. The officer at port can refuse entry on this ground. Let them use their advanced parole to enter.

If they have 212(e) or if they had one, the matter could get very ugly. The officer may stamp 212(e) at the port of entry.

Don't go this way.


2. Or they have to travel on advance travel document?

as above.

3. After re-entry into US, can she work on her J-1 as her J-1 is valid for another year.

Probably yes. Talk to the officer at school.
 
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