fast GC Seeker, thanks so much and one more question:

L

lucky_gc

Registered Users (C)
finally there is someone answer my Qs, thanks so much.

You know the tricky thing is that I am traveling next week and very possible that when I am out of the US the AP still pending. So when the AP approved, can my spouse here mail it to me overseas? I was told that I can not leave the country when PA pending. THat is why I ask if I can leave with H4 and apply a new H4.

Please tell me how you think. Can I leave without AP then receive it by mail?

3x
 
lucky_gc said:
finally there is someone answer my Qs, thanks so much.

You know the tricky thing is that I am traveling next week and very possible that when I am out of the US the AP still pending. So when the AP approved, can my spouse here mail it to me overseas? I was told that I can not leave the country when PA pending. THat is why I ask if I can leave with H4 and apply a new H4.

Please tell me how you think. Can I leave without AP then receive it by mail?

3x
Click to expand...
Please do not open a new thread for follow up question...

u r allowed to leave US even if ur AOS is pending. i still dont understand what u mean by getting new H4. ur spouce can send u AP once its approved but what will u do
if AP is lost in mail or if ur 485 is approved before ur AP gets approved? if 485 is approved before AP is approved then u cannot enter US. I would not take that risk
 
AP can not be used if approved after your departure date

Lucky_gc/fast_gc_seeker.
Note that you can not use an AP that was approved by CIS after the applicant's departure date from US. It is also illegal to send AP/Form I-512L to someone who is aboard.

it is upto you to decide the risk factor.

-noida
 
I am positive that you can send AP via mail if your AP is pending approval. One has to be present in US at the time of applying for AP. It doesn't matter where you are at the time of approval. Another thing to consider (besides what fast_gc_seeker mentioned) is: what if there is a problem with your AP, you leave for overseas, your current AP/visa expires and you need to re-apply?
 
For H4, beware that H4 status and H4 visa stamp are different. To reenter USA by H4, need a valid H4 visa stamp. If you don't have a valid H4 visa stamp, need apply a new one (your spouse should be always in valid H1 status).

For AP, please read the following link very carefully:
http://uscis.gov/graphics/services/emergency/index.htm

I don't think it is a good idea to leave USA without an AP in hand. You can try to apply an emergency AP.
 
from the USCIS, H and L visa is exceptional........

This is from the website of USCIS. It mention specially H and L visa. I am curious that if it is OK I travel out with H4, then AP approved, how can I get it if mailing it is illegal?


Advance Parole
Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 nonimmigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US. Aliens in the United States should, prior to departure, obtain Advance Parole in order to re-enter the United States after travel abroad if they have:

Filed an application for adjustment of status but have not received a decision from the USCIS;
Hold refugee or asylee status and intend to depart temporarily to apply for a U.S.
 
I think it only means that if you have a VALID H1 (didn't see H4) visa, you can reenter USA by this visa, and you don't need an approved AP. It is almost meaningless. I don't think it is a real exception for H1. (Just my 2 cents)

There are so many grey areas of this immigration law, it is why we need hire lawyers (they are rich because we pay ...). The question is why you want put your feet into these grey areas?

I think you'd better to talk with a lawyer.
 
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FYI- all H and L visa holders can enter US even if their AOS is pending.
Its safe to keep ORIGIANAL 485 receipts.

check following link


http://www.immihelp.com/gc/aos/eadap_h1.html


"As long as the person maintains the H/L status(H/L status not expired and H1/L1 holders not working for any other employer other than sponsoring employer and H4/L2 holders not working at all), he/she can travel outside US and come back with out the need for advanced parole even after applying for adjustment of status. The person can enter using his/her non-expired H/L visa. The person needs to carry his/her "original" I-485 receipt otherwise serious delay at the airport may be caused."
 
Now it seems for sure H/L visa can travel when the AP&485 pending. The problem is that:

I need a new stamped H4 visa from the US consulate in my home country:

1. Assuming I get the new H4 visa, then AP & 485 approved. Is the H4 still valid(484 approved means H4 invalid, right) even I have the 485 receipt with me at the POE? or I should use AP which will be mailed to me?

2. Assuming I have not applied, or applied but not get the new H4 yet, and AP and 485 approved. What I should do? obviously H4 invalid. AP too if it is after the 485 approval? How I can I back to US?

Really confused.
 
I can't understand why u need worry about 485 approval? I think, u or anybody received 485 approval notice doesn't mean u are changed into LPR status automatically, u are still in the old status. Only after 485 approval and passport stamped, u are real LPR.

The real problem is, if u can't get a new H4 visa, or ur spouse lost H1 status, how can u come back? This is why u need an AP to be backup.
 
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