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

G

GC_Europe

Registered Users (C)
Can someone tell me about the following situation:

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

Thank you in advance!
 
Per my immigration attorney.

Once the AOS application is filed you cannot depart the U.S. unless:

1. You have a valid Advance Parole (travel) document. An application for Advance Parole will be filed on your behalf together with your AOS. The current processing time for Advance Paroles is approximately 3 months. We will notify you once it has been filed and as soon as it is approved; OR

2. If you are in valid H-1B or L-1 status, you and your family members (in H-4 or L-2 status) may travel outside of the United States and reenter with your respective valid H or L visas in your passports and I-485 receipt notices (if your existing visa stamp has expired, you must apply for and obtain a new visa before returning to the United States), provided you will continue to be employed pursuant to your H-1B or L-1 status when you reenter the United States. In such a case you can travel without the Advance Parole. However, you must remain in the U.S. from the time we file your AOS application until we receive the I-485 (AOS) receipt as proof that the USCIS has received your AOS application. We usually receive I-485 receipt notices approximately three weeks after we submit an AOS application but in some case it can take up to 8 weeks.

I am still do not know, why do I need to have 485 receipt item 2 while entering US?

I am also in same boat. Let me know, what you find..

ANy other experiences are welcome
 
little_tongya said:
Per my immigration attorney.

Once the AOS application is filed you cannot depart the U.S. unless:

1. You have a valid Advance Parole (travel) document. An application for Advance Parole will be filed on your behalf together with your AOS. The current processing time for Advance Paroles is approximately 3 months. We will notify you once it has been filed and as soon as it is approved; OR

2. If you are in valid H-1B or L-1 status, you and your family members (in H-4 or L-2 status) may travel outside of the United States and reenter with your respective valid H or L visas in your passports and I-485 receipt notices (if your existing visa stamp has expired, you must apply for and obtain a new visa before returning to the United States), provided you will continue to be employed pursuant to your H-1B or L-1 status when you reenter the United States. In such a case you can travel without the Advance Parole. However, you must remain in the U.S. from the time we file your AOS application until we receive the I-485 (AOS) receipt as proof that the USCIS has received your AOS application. We usually receive I-485 receipt notices approximately three weeks after we submit an AOS application but in some case it can take up to 8 weeks.

I am still do not know, why do I need to have 485 receipt item 2 while entering US?
---------------------if the I-485 reached USCIS BEFORE you go out of US then you dont need the I-485 filing reciept if you plan to enter on H1 or H4 status and have valid visa to enter US. FYI at this time USCIS is taking more than 45-50 days to send I-485 reciept
I am also in same boat. Let me know, what you find..

ANy other experiences are welcome
Click to expand...
-----------------
 
GC_Europe said:
Can someone tell me about the following situation:

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

Thank you in advance!
Click to expand...

---YES If your I-485 reached USCIS before you depart US. At this time USCIS takes about 50 days to send I-485 filing receipt. if your I-485 is sent through FedEx then you can track it if it reached USCIS.
 
My attorney says

"you and each family member applying for AOS with you must be both lawfully and physically present in the U.S. at the time of filing the AOS application."
 
Question regarding coming back on H1 while I-485 is going on

Will the consulate in India or port of entry create problem if I have only 4-5 months remaining in my H1 at the time of stamping or entry?. This siatuation is when I go to india on personal emergency & come back without AP.
 
If the I-485 reached USCIS BEFORE you go out of US then you dont need the I-485 filing reciept if you plan to enter on H1 or H4 status and have valid visa to enter US. FYI at this time USCIS is taking more than 45-50 days to send I-485 reciept
Click to expand...

Do you have any official website explaining or anybody did this way?

I would like to file for I485 and then travel to India. I will have to get my VISA stamped on the way back to US, which should be valid till 7/2010. So when I arrive US, I will only have valid VISA and no 485 receipt. Are you saying that this scenario is perfectly ok??

Thanks
 
So this is true that as soon as I-485 reaches Uscis....you can leave U.S without receipt notice?

I-485 reaches Uscis immediately after you send the docs...or in how much time?

Do you know somebody that faced the same situation and came back in U.S without any problems regarding the entry on valid H1b visa and without I-485 receipt notice?

Thank you again.
 
Darth_Vader said:
Check this hope it helps ..it sure did help me !!! ... now i can leave with peace of mind !!!! :)

http://www.murthy.com/news/UDruaila.html
Click to expand...

Thank you Darth_Vader,

I have some doubts regarding this link.....it was written in 2002...is is still valid in 2007?

Also, it was written in this article the folllowing:" This information will be communicated to the INS Head of Inspections, who will issue guidance to the Port of Entry officials. Previously, this was a problem as there were substantial delays in obtaining I-485 receipts".....the verb is in the future tense....so is it also approved by the INS?

I didn't find any other source to be sure about this, to have a peace of mind. Is there any law regarding the I-485 receipt notice?

I'm still afraid that if I leave without the receipt notice...I might lose the Adjustment of Status.

Thank you again.
 
GC_Europe said:
I have some doubts regarding this link.....it was written in 2002...is is still valid in 2007?
Click to expand...

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

I didn't find any other source to be sure about this, to have a peace of mind. Is there any law regarding the I-485 receipt notice?
Click to expand...

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.
 
TheRealCanadian said:
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.
Click to expand...

Thank you, TheRealCanadian.

So you faced the real situation...I mean did you leave U.S after you filed I-485 and without I-485 receipt notice? And then came back and nothing bad happened that you didn't have the receipt.....and furthermore....you have your I-485 approved or is still processing without any problems.???

Please let me know as I never met a person who faced this kind of situation.

Thank you again...I started to gain some confidence and a litlle bit of peace of mind.
 
I am also worried about this issue. My lawyer has given these same instructions :

1. You have a valid Advance Parole (travel) document. An application for Advance Parole will be filed on your behalf together with your AOS. The current processing time for Advance Paroles is approximately 3 months. We will notify you once it has been filed and as soon as it is approved; OR

2. If you are in valid H-1B or L-1 status, you and your family members (in H-4 or L-2 status) may travel outside of the United States and reenter with your respective valid H or L visas in your passports and I-485 receipt notices (if your existing visa stamp has expired, you must apply for and obtain a new visa before returning to the United States), provided you will continue to be employed pursuant to your H-1B or L-1 status when you reenter the United States. In such a case you can travel without the Advance Parole. However, you must remain in the U.S. from the time we file your AOS application until we receive the I-485 (AOS) receipt as proof that the USCIS has received your AOS application. We usually receive I-485 receipt notices approximately three weeks after we submit an AOS application but in some case it can take up to 8 weeks.




little_tongya said:
Per my immigration attorney.

Once the AOS application is filed you cannot depart the U.S. unless:

1. You have a valid Advance Parole (travel) document. An application for Advance Parole will be filed on your behalf together with your AOS. The current processing time for Advance Paroles is approximately 3 months. We will notify you once it has been filed and as soon as it is approved; OR

2. If you are in valid H-1B or L-1 status, you and your family members (in H-4 or L-2 status) may travel outside of the United States and reenter with your respective valid H or L visas in your passports and I-485 receipt notices (if your existing visa stamp has expired, you must apply for and obtain a new visa before returning to the United States), provided you will continue to be employed pursuant to your H-1B or L-1 status when you reenter the United States. In such a case you can travel without the Advance Parole. However, you must remain in the U.S. from the time we file your AOS application until we receive the I-485 (AOS) receipt as proof that the USCIS has received your AOS application. We usually receive I-485 receipt notices approximately three weeks after we submit an AOS application but in some case it can take up to 8 weeks.

I am still do not know, why do I need to have 485 receipt item 2 while entering US?

I am also in same boat. Let me know, what you find..

ANy other experiences are welcome
Click to expand...
 
Hello LengthyLabor,

We have in house paralegal dept which says I can travel while 485 is pending and before receiving receipt but my immigration awyer says I can not travel.

I havn't talk to my immigration lawyer yet?

Thanks,
 
Response fom the Attorney @ Murthy.com

From: Murthy Law Firm [mailto:noreply@murthy.com]
Sent: Friday, June 22, 2007 1:54 PM
Subject: Murthy Law Firm : Attorney responds to your question

Your Question :

If one is traveling to India in July and would have a H1b revalidated till
about 2010 thereby maintaining H1B status and not applying for an Advance
Parole, While returning to the US would one need a I485 filing receipt for
re-entry? If so
What are the consequences of not having the receipt while entering the US
without a I485 Receipt notice


Attorney Response :


We are strongly advising our clients not to travel outside of the US until
they receive their I-485 receipt notice. There is no way to determine that
the USCIS receives their I-485 before they travel without actually having
the receipt notice. If you travel and the USCIS's receipt date is dated
after you travel then the I-485 will be denied as they will determine that
you were not in the US when you filed it.

Thank you,



Man im in a fix should i just cancel my plans was leaving on the 13th july returning back on the 13 Aug ...... this is waayy tooooo STRESSSSSFULLLL !!!!!!!!!!!!!!!!!!
 
Darth_Vader said:
From: Murthy Law Firm [mailto:noreply@murthy.com]
Sent: Friday, June 22, 2007 1:54 PM
Subject: Murthy Law Firm : Attorney responds to your question

Your Question :

If one is traveling to India in July and would have a H1b revalidated till
about 2010 thereby maintaining H1B status and not applying for an Advance
Parole, While returning to the US would one need a I485 filing receipt for
re-entry? If so
What are the consequences of not having the receipt while entering the US
without a I485 Receipt notice


Attorney Response :


We are strongly advising our clients not to travel outside of the US until
they receive their I-485 receipt notice. There is no way to determine that
the USCIS receives their I-485 before they travel without actually having
the receipt notice. If you travel and the USCIS's receipt date is dated
after you travel then the I-485 will be denied as they will determine that
you were not in the US when you filed it.

Thank you,



Man im in a fix should i just cancel my plans was leaving on the 13th july returning back on the 13 Aug ...... this is waayy tooooo STRESSSSSFULLLL !!!!!!!!!!!!!!!!!!
Click to expand...

Yeah, you are right, it's very very stressful.
I have to go to my country on July 21th because it's going to be my twin brother's wedding....and I think I can not make it...and I already feel so sad.
Only because of the green card...I hope it will worth it.

Goodluck and keep us posted with what's going on.
 
Darth_Vader said:
Man im in a fix should i just cancel my plans was leaving on the 13th july returning back on the 13 Aug ...... this is waayy tooooo STRESSSSSFULLLL !!!!!!!!!!!!!!!!!!
Click to expand...

I am completely at a loss as to what all this stress is about. If your PD is current as of July 1st, then you fedex in your I-485 packet so that it is received on the first or the second. Once you are satisfied that USCIS has received the package because fedex says so, then you're good to go.

If you were leaving on the second and trying to get the I-485 in the day before, then that would be cutting things very close. But if there's a two week gap between the 1st and your travel date, it's nothing to get all freaked out about.

Note that Murthy's office never said that the I-485 receipt was a legal requirement. They just are being extra cautious because they don't want someone to leave before the package makes it to USCIS (and remember that lawyers' offices are good at delaying that process).

If you have a fedex tracking number and fedex says that USCIS has gotten it, it's very safe to assume that the receipt will have that date (or at worst, the day after) as the receipt date of the petition and you will be OK to travel.
 
TheRealCanadian said:
I am completely at a loss as to what all this stress is about. If your PD is current as of July 1st, then you fedex in your I-485 packet so that it is received on the first or the second. Once you are satisfied that USCIS has received the package because fedex says so, then you're good to go.

If you were leaving on the second and trying to get the I-485 in the day before, then that would be cutting things very close. But if there's a two week gap between the 1st and your travel date, it's nothing to get all freaked out about.

Note that Murthy's office never said that the I-485 receipt was a legal requirement. They just are being extra cautious because they don't want someone to leave before the package makes it to USCIS (and remember that lawyers' offices are good at delaying that process).

If you have a fedex tracking number and fedex says that USCIS has gotten it, it's very safe to assume that the receipt will have that date (or at worst, the day after) as the receipt date of the petition and you will be OK to travel.
Click to expand...

Thank you, TherealCanadian for your support.

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...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 and also at that time they are noticing that you are not in U.S, you left U.S...because of your I-94 form.
And also there is a difference between the receipt date and receipt notice. Am I accurate?

This is only my opinion and interpretation...I might be wrong....what is your input on this one?

Thank you again for your encouragemant.
 
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