Going to India after I-485 filing and WITHOUT AP

P

pachya

Registered Users (C)
Hi All,

If I file I-140/I-485 concurrently and if my spouse wants to go Out of USA before she gets AP, does this mean that her GC/485 application will be denied ?

Spouse is working on EAD and don't have AP yet. I understand she will need visa to get in to USA but irrespective of fact that she has visa or not, what happens to her 485 petition ?

Thanks,
Pachya
 
nandpc said:
I-485 is considered abandoned if you leave US without Advance Parole.
Click to expand...

Thanks NandPC. Is this true even in emergency ?

Can AP be mailed to out of USA Address ?

Thanks,
Pachya
 
Ap

What I am confused about is what happens if I leave without AP but while I am abroad my husband picks it up and sends it to me??? Would it be possible?
 
You cannot come back into the country with an AP that was approved after you have left the country. So in short your husband cannot mail it to you while you are out of the country.

Try your local office for an emergency AP. If it is a real emergency then you may have some luck at the local office.

HTH
 
pachya :
If you have a valid H/L visa, then you can come back using that. But if by some chance I485 gets approved when you are out of country, you cannot enter without AP.
 
the statement made by nandpc is absulutely wrong.

If you have valid H1 stamped in PP you can enter but my attorney
says you'll require to show ORIGINAL 485 receipt if you dont have AP.

My situation is H1 stamped in PP and dont know when I'll get AP.
My employer is ready to give ORIGINAL 485 receipt if I dont
get AP until I leave.
 
fast_gc_seeker said:
the statement made by nandpc is absulutely wrong.

If you have valid H1 stamped in PP you can enter but my attorney
says you'll require to show ORIGINAL 485 receipt if you dont have AP.

My situation is H1 stamped in PP and dont know when I'll get AP.
My employer is ready to give ORIGINAL 485 receipt if I dont
get AP until I leave.
Click to expand...

What nandpc said is right. Yes, you can come on a valid H1 stamp if your 485 is pending. But, if your 485 gets approved when you are India and don't have an AP, you can't come back to the country as you are no longer on H1 status. Check your lawyer.
 
rkishore999,

nandpc said.. "I-485 is considered abandoned if you leave US without Advance Parole"...I dont think this is true because if u have H1 stamped in
ur PP and dont have AP, you can enter back on showing ur H1 and ORIGINAL
485 receipt.

I agree with u that if 485 is approved when u r outside US and u dont
have AP then u can enter ..hope that dosent happen in my case :eek: as my 140 is approved very fast and 485 is applied last week.
 
FYI -

check filing instructions on 485 form which say "current H1B holders
can re-enter on H1B with ORIGINAL 485 receipt[if they dont have AP]"


My friends have done this and no questions were asked.
 
I am also in the same situation. I applied for my 485, and 140 concurrently from California in the month of august, 04. I have my FP scheduled this tuesday (21 sept), and am flying out of country on 1st Oct, 04 for one month.

I have H1b valid through end of 2004. I do not have AP.

My lawyer is asking me to re-schedule the FP appointment and get it done after I come back. His fear is, if 485 gets approved while I am outside country, then my H1b will go void, and there could be an issue while coming back.

What I have read on the internet, I feel re-scheduling FP can be troublesome . Secondly, I really doubt if re-entring on valid H1b after 495 approval can be an issue.

I am yet to discuss with lawyer in detail.

Your valuable experience can be of great help. Please advise.
 
EAD CARD RECEIVED but ADVANCED PAROLE NOT YET

My wife has to go to India next week.
We both got our EAD card.
My question is that Can my wife come on h4 visa and i on Travel document.
If our travel document get approved before i go to India. We both are planning to return together.

thanks
 
You must log in or register to reply here.
Top