I140/I485 concurrent filing - Is AoS reciept a issue for travel?

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boljairam

New Member
Friends,
My GC is filed in EB3 category and considering the recent retrogress announcement by INS, lawyer is suggesting to file the I-140&I-485 ASAP. However, my wife has a trip to India planned in 1st week of January.
Lawyer is asking me to postpone my wife's trip because according to her, my wife should not travel before AoS receipt is recieved from INS, which takes 2-4 weeks. My wife has a valid H4 until Nov 2005.
After talking to few friends, I came to know that as long as she has a valid H4, she can always come back on H4. However, the lawyer is advising me to postpone her trip as traveling without AoS reciept might jeopardise her case.

I have few questions:
1) Is it *absolute* requirement that a person should not travel after filing AoS (I485) until he/she recieves a receipt from INS?
2) If yes, and if the person travel before receipt's arrival, does that impact or affect GC in any way?
3) What kind of impact are we talking about? Reason I am asking this is because I have 2 choices i.e. a) I ignore lawyer's advice and let my wife travel to India prior to AoS receipt arrival OR I don't file my I140 and I485 until next march 05' when she comes back. Problem with latter option is I don't know when the priority dates (based on retrogress announcement) will become *current*.

Please advice
jairam
 
She can travel on the H-4.
Even if you filed AOS and lets say you wanted to travel as an AOS you would then need Advance Parole to travel. In that case it's also recommended to carry your I-485 receipt just to prove that it's been filed.
Even then your AP would not have been approved without your I-485 having been filed.
I traveled on my H-1B even after my I-485 had been filed and Advance Parole being approved. I didn't use the Advacne Parole until my H-1B had expired. I am also using my EAD at this point.
 
Thanks for the response.
I am not knowledgeable about the terminologies around it but the way I understand your reply is "Yes she can travel without waiting for the AoS receipt"
Can you shed some light as to why the lawyer is suggesting otherwise?

boljairam
 
If she has applied for adjustment of status, she may not travel without having been approved for Advance Parole. If she leaves the USA without having been approved for Advance Parole, her application will be considered abandoned and she will most likely be denied re-entry, no matter what other documentation she may have.


boljairam said:
Thanks for the response.
I am not knowledgeable about the terminologies around it but the way I understand your reply is "Yes she can travel without waiting for the AoS receipt"
Can you shed some light as to why the lawyer is suggesting otherwise?

boljairam
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