I-485 Travel Related Question

C

cool_r

New Member
I am planning to go to India in October 2004 and return in December 2004. My wife will return in January 2005.


My I-485 application is pending with RD of Nov. 2002. First FP was in Feb 2003.There was an RFE from CIS in May 2004 regarding Employment and this was responded to and the website does show updated infromation for receipt of response on May 28th.

Currently I am on H1B visa which is valid till April 2005. My wife has EAD and AP.

I have two issues. What if I get second FP notice which is scheduled for a date thar falls in vacation time? I could get this notice before I leave or I could get this after I leave.

Second question: What if the approval for I-485 comes while I am away? Can I still enter on H1B status and then later get my passport stamped? Can my wife enter on AP and then later get her passport stamped?
 
cool_r said:
What if I get second FP notice which is scheduled for a date thar falls in vacation time? I could get this notice before I leave or I could get this after I leave.
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If you get before, you can try early FP by walking in. If you get notice after your departure and get a date before your arrival, you have only one option - postpone FP.

cool_r said:
Second question: What if the approval for I-485 comes while I am away? Can I still enter on H1B status and then later get my passport stamped? Can my wife enter on AP and then later get her passport stamped?
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I assume you don't have your AP. In that case, you have to go to differed inspection at POE. Don't try to enter using H1. If you have lawyer, ask your lawyer to fax/mail approval letter so that you can show that at POE.

Your wife can use AP at POE.
 
If you go without FP2, your case will not be approved while you are away since your FP1 is expired. So you can come back on H1B.

If you go after FP2, then there's a possibility that your case will be approved while you are away. In this case, I'd suggest that you apply for AP before you leave, and enter on AP if your I-485 gets approved while away. Deferred inspection could also be a possibilty, but I dont know the details.
 
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