H4 holder filed 485. Can we travel without AP ?

[your_friend_4u]

My wife who is on H4, has filed i-485 for her future employment. we never used EAD. I am on H1, and I am the beneficiary for her 485 petition. I am still working for the company to which H1 has been approved.

we both have valid visa. we would like to travel to india without Advance parole. will it affect our 485 process? please reply.

Thanks

 

[jaxen]

U can she can...

See http://www.ins.usdoj.gov/graphics/publicaffairs/advisories/advisory.htm#paroleqa

 

[your_friend_4u]

I believe we can travel w/o AP

Thanks jaxen. I believe, we both can travel without Advance parole.

Thank you once again.

 

[jayadev]

I-485 - Travel without Obtaining RCPT or AP

Can I travel without obtaining either the rcpt or AP.
I have a valid H1B and it will still be valid when I return to the US.
Any help would be greatly appreciated.
Thanks
Jay

 

[jaxen]

Come on read the link...

Although lawyers advise that you have wait till you get the 485 receipt so that there is no possibility of your application being classified as frivolous (rare occurrence) and they have to refile within 14 days and you are not here to do it.
If it were me, I will wait for the 485 receipt at least before travelling... But if it is more than 2 months since 485 app was sent and there is a valid reason for travel I will do it. My opinion.

 

[jayadev]

One more question

Thanks Jaxen.
My attorney is telling me that if I were to travel out of the county without atleast the RCPT, INS could consider the application abandoned when they finally approve the 485 18 or so months from now. Has anybody heard this happen?

Jayadev

 

[jaxen]

Yes. Wait for the receipt before travelling.

 

 

[your_friend_4u]

shall I need to show EAD to the Immigration officer at port of entry

we plan to travel out of country without obtaining an AP. I have my EAD and valid H1-B as well. Do I need to show my EAD to the immigration officer when I return to US? please reply jaxen. Thanks a lot.

 

[kafirhindu]

Can I apply EAD at Newark, NJ INS office.

Dear All, My I485 was filed six months ago, I recently finished my finger printing. Our company is not doing well. I am seriously thinking to apply for an EAD & AP in person at Newark, New Jersey offiec. Please advise if it is possible? What documents do I need and what is the number at Newark, INS office.

 

[jaxen]

Show EAD if you are working for INS...

EAD is employment authorization. AP is for travel. If you have a AP show the AP. If you are using H1 show the H1 stamp (and approval notice if required).

This will be last time I will do the google search for you guys
http://www.ins.usdoj.gov/graphics/fieldoffices/newark/aboutus.htm