Can you leave U.S without the I-485 reciept notice?

[GC_Europe]

Certainly, and to be honest I have never heard of any regulation or memorandum that required the receipt notice in the first place.



Never that I'm aware of, which is why I've been exceptionally skeptical of this entire issue. An I-485 receipt notice has no legal significance beyond being proof that the application was filed. I am at a complete loss as to the rationale behind not having the receipt notice leading to claimed abandonment.

As an FYI, I left and re-entered the US in the two months between when INS received my I-485 and issued the receipt. The I-94 was clearly dated between the RD/ND. No one ever had a problem with this.

Thank TheRealCanadian for the info you provided, it was very helpful.

Could you please help me also with these specific questions, sorry if they are maybe a little too personal, but I would like to understand the situation better.

- After how many days after you filed the I-485 did you leave the country?
- Did you turn in your I-94 when you left the country?
- How many days have you been outside USA?
- When did you receive your I-485 receipt notice, did you receive it when you've been out of the country or after you came back?

Thanks in advance.

 

[TheRealCanadian]

I think there is a difference between when the I-485 package hits Uscis and when the Uscis is really looking at your package/apllication...

That's absolutely true, but it's a distinction with absolutely no significance.

Uscis is not looking at your apllication as soon as it arrives at Uscis.....maybe they are looking after a couple of days or weeks....and for them only that time is considered as a receipt date

That's completely incorrect. The date USCIS physically receives the petition is the receipt date, and that's the only day that matters. If they put it on a shelf for two months (or two years) doesn't change the date that it was physically received.

And also there is a difference between the receipt date and receipt notice. Am I accurate?

Absolutely. If you look at my signature, you'll notice that my I-485 was received on August 28th, and INS didn't get around to generating the receipt until October 26th. However, even though the case sat around for two months before being entered into their system, the date that it was received by INS was correctly recorded. The only legal requirement for an alien is that they be physically present in the United States when the petition was received by USCIS. There is no requirement that they be in the US when USCIS gets around to printing the receipt.

 

[TheRealCanadian]

After how many days after you filed the I-485 did you leave the country?

The I-485 was filed on August 28th; we left the country approximately three weeks later. I don't remember the exact date offhand, but my wife left on the first or second day that they reopened airspace after 9/11, and I followed her to Canada a few days later.

Did you turn in your I-94 when you left the country? How many days have you been outside USA?

I think we returned it to INS when we re-entered, which was about four or five days after we left.

- When did you receive your I-485 receipt notice, did you receive it when you've been out of the country or after you came back?

We didn't receive the receipt until early November, about a month and a bit after we returned to the US.

 

[findgc]

TheRealCanadian thanks for the feedback. I'm in the same boat, after filing my 485, I need to travel to India in 4th week of July and would go for h1b stamping at the embassy in August.

I have one more question for you, my family is already in India they left US in June '07. if the visa numbers get retrogressed for August, can I still file 485 for them when they return in August since the principle application was already filed?

Thanks,
findgc.

 

[snowns]

A question for TheRealCanadian

Hi fellow Canadian,

My H1B expires July 31, 2007. I've applied for an extension, but have not even received a receipt notice yet.

I have an approved I-140.
I am submitting my I-485 this week. I will send it registered mail.

1. Can I safely travel to Canada nad back after July 31st if I have not received the extension on my H1B?
2. On the other extreme, can I stay in the US once my H1B expires (assuming no extension in time)?

Thanks!

snowns

 

[sfmars]

All lawyers keep saying that physical paper receipt is absolutely necessary to have in hands while travelling. I belive they need it just to be 100% sure that there is no issue that I-485 was filed for individual who was not physically in US at that point. There is no any other logiacal reason that receipt.

But I think if you got your I-485 case number from the back side of the check, it is more than enough to prove that your case is filed, and the status can be checked online all the time. So you need to see the back side of the check when it is cashed.


From my own point of view, it is 100% safe to leave US without I-485 reciept notice, if you know that your I-485 check is cashed by USCIS.
I think it is right only if one has valid H1/L1 visa stamp, using AP it is more reasonable to have physical I-485 in hands as a proof of the status.

Again: It is my own personal opinion and I am not a lawyer

 

[TheRealCanadian]

if the visa numbers get retrogressed for August, can I still file 485 for them when they return in August since the principle application was already filed?

No. They share the same PD as you, and that PD must be current for them to submit a derivative I-485, even if the primary I-485 is already pending.

 

[GC_Europe]

The I-485 was filed on August 28th; we left the country approximately three weeks later. I don't remember the exact date offhand, but my wife left on the first or second day that they reopened airspace after 9/11, and I followed her to Canada a few days later.



I think we returned it to INS when we re-entered, which was about four or five days after we left.



We didn't receive the receipt until early November, about a month and a bit after we returned to the US.

The RealCanadian thank you so much for your valueable input...I really appreciate it.

 

[sfmars]

The RealCanadian thank you so much for your valueable input...I really appreciate it.

I believe that RealCanadian was successful to travel to Canada, being on the begining of filing I-485 and without I-485 receipt, however I know a couple who had to start green card from the scratch (from the LC) when they left US on the initial step of I-485.

Just be careful and act on your own risk.

 

[TheRealCanadian]

I know a couple who had to start green card from the scratch (from the LC) when they left US on the initial step of I-485.

Even if traveling abandons the I-485, it certainly cannot kill the LC or the I-140; there's a lot more here that you haven't been told.