If 485 approved while in abroad

G

grcd2001

Registered Users (C)
I am going on vacation to India in end feb on my H-1. As far as my 485, I recd rfe and replied and ins received it on dec 09. If it gets approved while I am in India, can I still enter US using my H-1. If not, will I get GC stamped at Port of entry.

Appreciate your help.

RD 08/2001
ND09/2001
RFE12/02
RFE RECD BY INS 12/02
 
this is the reply from my lawyer for this question

Were your I-485 to be approved while you were abroad you would still be admitted on the AP. After entry you would take your I-485 approval to INS for processing and to obtain your 551 stamp from INS evidencing your lawful permanent residence.
 
Hi,

I am in a simillar situation traveling with H1 (not with AP)
and from what I have understood, I am taking it as OK to travel.
What we need to do is to take the 485 receipt with us.
If they do not find out that we are approved, then they will
just treat our H1b and allow us inside.

In my belief, if it is to be done perfectly, they have to identify
if it is approved at the port of entry and if it is, they have to
stamp it there and send us in.

However, I dont think the paper work would be nicely in place
for such a process in the port of entry. So, even if they know
they would treat out H1 and ask us to get the stamp immediately
by going to the appropriate local office.

If my understanding is wrong, any suggestion would be appreciated.

Raja
 
Thanks for the replies folks.

What I understand from murthy forum, which I read few days back (replied by an attorney), is that if 485 is approved we will not be allowed to enter on H-1 and typically we need AP to reenter.

I am not sure if anybody could share their experience under the above circumstances
 
I would apply for an Advance Parole as soon as possible and travel on AP, which is much safer in case they refuse to accept H1 Visa at the port of entry when your GC is approved. Good Luck!

Regards
-Mog
 
but you have to understand "mogh" that if grcd2001 has to travel in Feb then he has no time to apply and get AP by then. It is normally taking 60-90 days to get AP approved and on top of this no I-485 and AP are being issued due to this Freeze.
 
How long can the gap be from the approval notice

to the date of passport stamping? how long can one wait? Is there any time line?
 
gheewalabhai888,

You can go for passport stamping the same day you receive your approval notice.
It normally takes 5 to 7 days to receive the approval notice after approval.
 
suresh bhai, how long can you wait if someone

is outside the country for few months? is there a time frame that
stamping needs to be done? how long the approval notice valid
before going to stamping? 60 days, 90 days, any experition time?
 
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