GC Approved while Out of USA ??

R

Ram_CSC

Registered Users (C)
Hi All,

My friend introduced me to this great forum and I registered today. I had a quick question about travelling to India while AOS is pending. Please help.

Here are my Details :

H1-B Visa valid till Dec 2003
My Wife's H4 visa valid till Dec 2003
I haved always worked with the same company.

I485 :
PD : Dec 1999
ND : Dec 2001
WAC 02-057-xxxxx
FP : Done 4/16/2002
EB2

EAD : Both me and my wife applied for renewal, ND 12/01. Both of us never used EAD.

AP : Have Valid AP till 1/2004

I have been working with the same company on H1 and am still using H1 and never used EAD. My wife never worked hence never used EAD

My Questions are :

1) Is it safe for us to visit India for 5 weeks? What if our GC is approved while we are at India ?

2) What if a renewal of FP is sent while we are at India ? What is the time period they generally give with the FP notice ? I remember it around 8 weeks but wanted to confirm

3) What if there is a RFE issued ? How much time they give before we could respond to RFE ?

I have asked my Lawyer who said its OK to travel since I have AP just in case our GCS are approved while in India.

I request you gurus confirm it :)

Please help !!

Regards,
Ram
 
1) Is it safe for us to visit India for 5 weeks? What if our GC is approved while we are at India ?
Yes, as you mentioned, you can use AP to come back if needed.
2) What if a renewal of FP is sent while we are at India ? What is the time period they generally give with the FP notice ? I remember it around 8 weeks but wanted to confirm
You may be right. I think it's 7-8 weeks.
3) What if there is a RFE issued ? How much time they give before we could respond to RFE ?
You will have 12 weeks or 84 days to respond to RFE.

There is no problem with your travel.
 
Ram_CSC,
You can use your AP to re-enter the USA. However, if your 485 is approved when you are at India, your AP will no longer be valid. The immigration officer at the port of entry will come to know about this when he/she runs your AP thru their computer. In such a situation, you will still be re-entering using your AP, but the immigration officer will issue a "deferred inspection" by which you will be asked to report to an INS office (usually your local INS) and prove your legal status within a certain period of time (I think 30 days, not sure). You can report to your local INS with your 485 approval letter and also can get your passport stamped at the same time. Another situation in which you may have to use the same way is if your 485 is approved just before you leave and you did not get your approval letter or did not get time to stamp your passport. Hope this helps.

Good luck,
sunamb

wac 02-069-XXXXX
 
RAM_CSC

Your details almost match mine except for the H1 and I am also planning to travel. If you still have a valid H1 stamp, you can use it instead of AP. I only have AP don't have any valid H1. Give your personal email-id to your lawer, so that he can contact you and you also can provide him with the necessary info immediately if RFE comes while you are away. Further make some arrangement at your office to collect your paystub etc and keep everything ready, just in case if your lawer gets the RFE. So that he need not wait for sending a response till you come back. Just my 2 Cents. Also request your neighbour to send you an email if you receive any FP notice, so that you can request for a change of date from your home itself, if needed.

When are you planning to travel? I am also planning to travel in Jul. Post your experience if you return before Jul 3rd.

WAC-02-056*****
ND 12/4
RD 11/30
 
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