I-485 Submitted - No Receipt Notice - Can I Go To Canada

A

akthmps

Registered Users (C)
I submitted my I-485 application on July 2nd, along with applications for advance parole and EAD card. So far, I haven't received a receipt notice. No big surprise.

I am currently on my second year of H1B visa. Last time I re-entered the US, I was issued a TN1 visa. My company got me an H1B visa about 6 months later but I have never left the US while on my H1B visa.

I have a trip planned back to Canada, I'm supposed to leave this weekend. Should I cancel this trip? I don't have my receipt notice for the I-485 application. Please advise what I should do...

Thanks,
Aaron
 
Hey Aaron, let me know if you have found any answers to your questions. I have the same. Filed July 25th and need to travel to Canada so I can re-enter as H4 status.
 
akthmps said:
I submitted my I-485 application on July 2nd, along with applications for advance parole and EAD card. So far, I haven't received a receipt notice. No big surprise.

I am currently on my second year of H1B visa. Last time I re-entered the US, I was issued a TN1 visa. My company got me an H1B visa about 6 months later but I have never left the US while on my H1B visa.

I have a trip planned back to Canada, I'm supposed to leave this weekend. Should I cancel this trip? I don't have my receipt notice for the I-485 application. Please advise what I should do...

Thanks,
Aaron
Click to expand...

I think you should not go out of USA without 485 receipts. Wait for the receipts.
 
visited Canada

I had also applied I485 on 2nd july but never got receipt. I went to canada on 22 July for H1 stamping and came back. But no one(VO/ Immigration) officer didn't ask for any I485 receipt or related topics.

Just one simple question they asked me that " Is your I140 approved". I landed back to USA on 24th July.
 
Here is detail comments.

Travel outside the United States for AOS applicants under sections 209 and 245 of the Act, and Registry applicants under section 249 of the Act.
Your departure from the US(including brief visits to Canada or Mexico) constitutes an abandonment of your AOS application, unless you are granted permission to depart and you are inspected upon your return to the US. Such permission to travel is called ''advance parole.'' To request advance parole, you must file Form I-131, Application for Travel Document, with the appropriate fee at the USCIS office where you applied for AOS.

Exceptions
H, L, V or K3/K4 nonimmigrants:
If you are an H, L,V, or K3/K4 nonimmigrant who continues to maintain his or her status, you may travel on a valid H, L, V or K3/K4 visa without obtaining advance parole.
 
ashres11 said:
I had also applied I485 on 2nd july but never got receipt. I went to canada on 22 July for H1 stamping and came back. But no one(VO/ Immigration) officer didn't ask for any I485 receipt or related topics.

Just one simple question they asked me that " Is your I140 approved". I landed back to USA on 24th July.
Click to expand...

Has your I-140 been approved? I need to travel to India. No sign of the AP yet. I have the I-485 receipt. Will it be okay to go on my H1 and get visa stamped in Mumbai?
 
Yes I-140 is approved

They just ask is your I140 approved? I said Yes. Even They didn't ask for i-140 notice to show them.
 
ashres11 said:
Travel outside the United States for AOS applicants under sections 209 and 245 of the Act, and Registry applicants under section 249 of the Act.
Your departure from the US(including brief visits to Canada or Mexico) constitutes an abandonment of your AOS application, unless you are granted permission to depart and you are inspected upon your return to the US. Such permission to travel is called ''advance parole.'' To request advance parole, you must file Form I-131, Application for Travel Document, with the appropriate fee at the USCIS office where you applied for AOS.

Exceptions
H, L, V or K3/K4 nonimmigrants:
If you are an H, L,V, or K3/K4 nonimmigrant who continues to maintain his or her status, you may travel on a valid H, L, V or K3/K4 visa without obtaining advance parole.
Click to expand...
,

But remember, when you fill your AOS application, you have filled the last POE date and status on the form. Any trips that after the filing AOS but without the I485 receipt notice or using AP may create issue on this one.

Some said, it is not a big deal. Some said, it is.
 
My Attorney mentioned that one cannot travel outside US until he/she has received the receipt number for I-485 even though the person has a valid H1-B.
How true?
 
ashres11 said:
I would say travel with H1 as much as possible.
Click to expand...

I guess I will just have to wait till I get my AP. Everything was filed concurrently in June. I have all receipts and have done my Code 3 FP. Lawyer suggests I have AP when I travel to Mumbai just in case they do not give me a H1 visa stamp. I have been to Mumbai once every year and have so far never been refused a visa stamp. Do you think not having I140 approval could create a problem for travelling?
 
nyoct2001 said:
Has your I-140 been approved? I need to travel to India. No sign of the AP yet. I have the I-485 receipt. Will it be okay to go on my H1 and get visa stamped in Mumbai?
Click to expand...
You should not travel w/o AP even if you don't want to use it. because if your 485 is approved before you get your visa stamped then you are in big trouble. visa will not be stamped because your 485 is approved and airline will not let you travel w/o visa or AP.
 
innovative said:
My Attorney mentioned that one cannot travel outside US until he/she has received the receipt number for I-485 even though the person has a valid H1-B. How true?
Click to expand...

Not true at all. Possession of the receipt gives you proof that the I-485 was filed, nothing more.
 
To RealCanadian

RealCanadian,

Do you happen to know if it's okay for me to travel to Canada by road to complete my landing. I got my PR approved earlier this year and have until octber 15th to land. Here's our situation:

Applied AOS for self and wife in July
Applied EAD/AP for wife but not for myself
Attorney has received receipt notices
I have receipt numbers but company is not giving the receipt notices to me.
We both have valid H1/H4 stamps on our passports.


Can we safely go and come back in 2 days without jeopardizing our AOS applications?

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