HELP: travelling on parole after fingerprinting done but 485 pending?

ritesh_intouch

Registered Users (C)
Hello friends and gurus,
my gc was filed in EB3 catagory. 140 was approved in june 2004 and 485/EAD/AP was filed in Aug 2004. finger printing is scheduled for 2nd April and i have to go to india in May 2nd week. I am scared if i can travel on parole after fingerprinting is done. I heard there could be problems if i am outside the country and my 485 gets approved and GC arrives ? (Is it this simple ? does Eb3 priority dates retrogation impacts my case since my 140 is already approved in june 2004? )

Thanks
Ritesh
 
Gurus,

what happens if the 485 gets denied while we are out of the country with a valid AP.
 
tuxedo said:
Gurus,

what happens if the 485 gets denied while we are out of the country with a valid AP.

If you have a valid visa (and visa stamp) like H1/L1, you can use that for re-entry. You cannot use AP because denial of I-485 invalidates AP and EAD automatically.
 
Thanks pralay for the response. i read the posts on the link u provided and it sounds very logical also. Donno why my attorney's sec told me they had some cases where there was a problem at port of entry when I485 were approved and applicant were out of country.
Is there a rule that when your I485 gets approved you have to be present in US or your case is considered abandoned?
2nd question interview happens before 485 gets approved or after 485 gets approved?

Thanks much pralay and all others for your help.
-RItesh
 
ritesh_intouch said:
Is there a rule that when your I485 gets approved you have to be present in US or your case is considered abandoned?

No rule like that. In fact, having an approved AP with you means that you did not abandon you pending I-485 (while pending or after approval).


ritesh_intouch said:
2nd question interview happens before 485 gets approved or after 485 gets approved?

Do you mean interview for I485? If so, it always happens before final decision is made - and that is before approval/denial.
 
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