I485 and travel out of USA

A

arin_muk

Registered Users (C)
Hi all,

I need to go to India in March and my I-485 application is pending approval. Both my spouse and I are on H1, our visa are valid till sept 2003 and nov 2003 respectively. My question is do I need advance parole for traveling out?

What are the implications if my case is approved while I am away? Would there be a problem at port of entry?

Some website say that AOS application is abandoned one you leave country , is it true for H1 visa cases too?

Please share your experiences and advice/advise.
:(
 
I second that opinion. Personally, I have traveled with my H1B while the 485 is pending...so, you should be fine.

The situation which 485 is considered abandon is when one leaves the country without a valid H1B and/or Advance Parole.

Hope that help.
 
I was worried to fall in same situation during my last foreign trip. If you have valid H1 with stamp you can use it to enter US. It is true that by leaving this country you are abounding your AOS pending status. You should carry your original I-485 notice and show it to INS officer at the port of entry to indicate that your AOS is pending.
If your I-485 get approved during your trip, let the INS officer know. You may have to face an interview at the port of entry and you may get your passport stamped right there. Alternatively, INS officer may take your passport and set up an appointment at local INS office for passport stamp. You may ask your lawyer for further details and a letter for the INS officer, just in case you need it.
I carried these documents with me:
1.A letter from HR indicating my current employment status.
2.Last few pay stubs
3.Original H1 approval notice
4.Copy of I-485 application etc.
This is what my lawyer asked me to do and I took all these with me.

Good luck.
:)
 
Hi all,

I am also in similar situation. MY 485 is pending since since Nov 2001. I did not apply for AP. I have extended my H4 until 2005 but, the h4 stamp in passport expired. I would like to travel to India in Feb. Is it safe to extend the h4 stamp in india? what happens if my 485 get approved when I am in India?

Appreciate your Suggestions
 
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