Family Emergency -- Urgent travel aborad

K

kiranct

Registered Users (C)
Hi,

My Friend's father passed away today and he needs to travel ASAP to India.

Status: Has a valid H1b with stamped Visa until 03/2008. I-140 is cleared. He and his family applied for I-485 in the first week of August and did not receive receipt notices yet.

Question -> His lawyer is not recommending overseas travel because he does not have I-485 reciept notice yet. Is this possible?

Please let me know if anyone has any inputs and the best course of action. Thanks for your time.
 
Last edited by a moderator:
Thanks for the quick reply greynicolls

He wants to travel but just to make sure this does not lead to any complications for 485 approval.
 
kiranct said:
Thanks for the quick reply greynicolls

He wants to travel but just to make sure this does not lead to any complications for 485 approval.
Click to expand...
as far as I know monce u filed 485--u need one of following 2 options
1) AP approval in hand + passport
or
2) valid h1 stamped + 485 receipt.

so your lawyer is saying is right
 
It should be fine. I have two friends who travelled to India recently in same situation. One had valid H1b visa and another got H1b visa stamped at Chennai. Both had 485 filed and no receipts.

Lawyers do advice but since 485 receipts are taking forever and valid entry visa is present along with emergency this should be a strong case. Ask you friend not to worry on this and retain any documentation associated with trip and get a prepared Death Certicate copy from India. USCIS loves documentation and he should be fine.

kiranct said:
Thanks for the quick reply greynicolls

He wants to travel but just to make sure this does not lead to any complications for 485 approval.
Click to expand...
 
should be fine to travel.

I had applied for 485 in Jan and left immediately afterwards to India. The only part is if fingerprint notices/appt comes in the meantime, the lawyers should get it extended. (my lawyers did that for me when I was in India since they get a copy too and I had instructed my lawyers about my trip).
 
haved traveled twice since I submitted my I-485 and still have not received any receipt. I am traveling again next month. Provided you have a valid h1b, you are fine.
 
I could not contain myself from commenting. This is what we immigrants are reduced to. Someone's father dies, and they have to consult an attorney whether they can be at his funeral. Sad, Sad.
 
sertra2002 said:
I could not contain myself from commenting. This is what we immigrants are reduced to. Someone's father dies, and they have to consult an attorney whether they can be at his funeral. Sad, Sad.
Click to expand...

Indeed. There is something very wrong about this system.
 
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