GC while travelling to India

N

newgcholder03

New Member
Hi,

I have been on a vacation to India since september and in my absence from the US , i got my GC approved. I am planning to return back early next year . Whats the time period by which a person Needs to get his GC stamped after approval? I hope my coming to the USA 3 months after my approval notice wudnt hamper my GC in any way.

Regds
 
Stamp it at the earliest possible

I was also on a similar situation. I got my GC approved on July 1st 2003 while in India. When I asked my attorney, she told me to come to the US atleast within a month and get the passport stamped. I came back to US on July 20th and got my passport stamped on July 24th.

I do not know whether there is any hard and fast rule on when you should come back, but the earlier the better.

Hopefully you have your advance parole with you.

All the best
 
i came to India on an H1B visa

i came to India on an H1B visa since i never used my EAD, i thought i did not require an advance parole. Is this an issue too , berc i was told that one can travel on an H1B visa eventhough his GC is under process and he is 485 pending
 
You should be able to use your H1B to travel provided the stamp in your passport is valid.

The question of I485 being approved while out of the country is interesting. I remember someone talking about "deferred inspection." No sure what the details were though. I wonder if the local embassy/consulate would give information?

rgds,
sadiq
 
H1B isa valid till 2006

hi ,

Thnx for the info ... my H1B is valid till 2006 . On my approval notice there is no date specified. For any deferring they shud atleast give a date like *by 3 months * or something. Also shud i carry a copy of the approval notice and show it at the port of entry . Wonder if that wud help??
 
Here's a quote from murthy.com regarding deferred inspection:

Chat User : Good Evening, Ms. Murthy. Is there a problem if I-485 is approved when the Beneficiary is gone out of USA with AP?

Attorney Murthy : INS had written a Memo on this issue sometime in 1997, I believe. The person should be allowed in on deferred inspection and then can go to the local INS office to get the passport stamped as a GC holder.

Date: June 11, 2001

Here is another link that shows a memo on deferred inspetion:

http://www.immigrationlinks.com/news/Deferred Inspections--Field Manual Updated.pdf

I only know the details from the information I just showed, but I you probably want to bring the I485 approval notice with you.

rgds,
sadiq
 
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