I485 filed and Visiting Homeland

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loki_l77

Registered Users (C)
Hi

My I485 was filed on July'02 2007.
Are there any reasons that should lead to postponing making any travel plans for this year or begining next year for visiting India.
I am sure other people in this forum will have the same question too.

I do not have any urgency but will like to :)

thanks..Loki.
 
loki_l77 said:
Hi

My I485 was filed on July'02 2007.
Are there any reasons that should lead to postponing making any travel plans for this year or begining next year for visiting India.
I am sure other people in this forum will have the same question too.

I do not have any urgency but will like to :)

thanks..Loki.
Click to expand...

If you are going to enter back on dual intent visa (H1/H4, L1/L2) then you are fine to travel otherwise you need to wait until you receive I-485 filing receipt.
 
I dont know if I am right on this....but doesnt he STILL have to wait for the receipt of I-485 to come in BEFORE he can leave the country. If he leaves the US without the receipt of 485....doesnt the application stand abandoned? I was told by my lawyer that I should not travel until I had my 485 recipt in my hand....did not matter what visa I was on...(by the way I had a valid H1B)....
 
Another reference thread about this topic

Here is a link to another thread about the same topic.

No Travel outside USA until you receive the I485 receipt Notice

As you will see, it is all about weighing the risks and playing the game.
Some lawyers advise against it, while some say it is not a problem.

There are several other similar threads looking to seek the same answers. If you search 'travel' under the parent forum for 'I-1485 General Issues', you will get a lot of info.
It is then up to you to decide what to do.

Hope this helps. Good Luck!
 
kulbikr said:
I dont know if I am right on this....but doesnt he STILL have to wait for the receipt of I-485 to come in BEFORE he can leave the country. If he leaves the US without the receipt of 485....doesnt the application stand abandoned?
Click to expand...

Not for H/L visa holders.

I was told by my lawyer that I should not travel until I had my 485 recipt in my hand....did not matter what visa I was on...(by the way I had a valid H1B)....
Click to expand...

Even my laywer told me the same thing. it's safer to have I-485 receipts.
But since H/L are dual intent, no one should question about I-485 while entering back.
 
missing the point?

If you don't have a valid H/L visa, and if you don't have an AP, then too you may leave the country and come back AFTER getting the visa revalidated (stamped).

Are we missing the point here?
The question is not about whether or not we can come on the dual-intent H/L visas, but it is about what USCIS considers as the filing date, and what happens to the pending AOS application.

If the RD on the AOS application happens to be when the applicant is outside the country, it could be a problem during the adjudication of the AOS application.

No one has any doubts on whether one can come back with a valid H/L visa, or with AP.
 
I know this is going on since last 2-3 months and nobody has concrete answer.

There are many people in this forum whose attorney;s are member of AILA. Request them to clarify this with USCIS.

USCIS has relaxed policies like fees, no medical records while filing and receipt date same as physical receipt of file etc and USCIS might consider this as well.

In normal case, USCIS would take 2 weeks to issue receipt and with such big volume they can not. THen why can they relax it.

This will help all our friends who wants to travel on emergency basis.
 
adekhne said:
The question is not about whether or not we can come on the dual-intent H/L visas, but it is about what USCIS considers as the filing date, and what happens to the pending AOS application. If the RD on the AOS application happens to be when the applicant is outside the country, it could be a problem during the adjudication of the AOS application.
Click to expand...

It's always been the date the USCIS physically receives the application; even if it's not opened or processed for several weeks or months. My case is an excellent example.
 
Hello Realcanadian,

I have filed my 485/EAD/Adnace Parole etc by myself as derivative spouse based on my husband's EB3 approval.. The EAD form ( 765) mentions that check should be addressed to "department of Homeland Security"...The 485& I131 application mentions that filing fee check should be Addressed to "US Department of homeland Security" ...I have addressed all the checks(I485/765/131) to "Department of Homeland Security" .....I forgot to mention "US" on 485&131.. Will USCIS accept my application? I am really concerned

Faith2005
 
I saw you online in this thread so sent you a message. here ..I have started the new thread..Thanks for the inputs.
 
I485 filed and Visiting Homeland & more

I am on 7th yr. of H1 & have already got the I485 receipt that I filed on 7/2.
My H1 is valid for next 2.5 years(in last extension got 3 yrs).
Question
Approx. 3yrs. back I got 221g when i applied for my visa(back when Visa was done from US).
Will it be good to get AP. & then plan the trip to India to be safe, so that if i get another 221g when applying for my visa i can come back on my AP.

As others have suggested,I am planning to maintain my H1 status unless it becomes critical to use my EAD.
As understood from other threads in this forum,people have mixed thoughts on using AP and then forced to use EAD instead of H1.

thanks..Loki.
 
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