India travel question.

P

pdd123

Registered Users (C)
travel on AP if I-485 approved but GC not in hand

Hi
We are going to India, leaving on June 12, myself coming back in 3 weeks, wife & kids coming back after 2 months.We had originally planned to travel & re-enter using AP. Had booked tickets 3 months back.
However, as EB3 dates moved considerabely,our priority date is going to be current from Jun1 (PD Dec 2001 EB3: victim of namecheck & retrogression).We expect the I-485 to be adjudicated soon in June.
The questions are :
1)If I-485 is approved before we leave US, but before we get the approval notice/or card mailed to us,can we still travel and re-enter using AP ?
2)If I-485 is approved after we leave US, but before we return, can we still travel and re-enter using AP ?

regards
pdd123
 
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To the best of my knowledge:
pdd123 said:
Hi
The questions are :
1)If I-485 is approved before we leave US, but before we get the approval notice/or card mailed to us,can we still travel and re-enter using AP ?
Click to expand...
Untill you get the approval notice or GC by mail, you do not (officially) know that your GC is approved. So theoratically you can travel. It is highly unlikely that you get approval and notice in mail in just 12 days, but if that happens, I will suggest that you change your travel plan, wait for approval notice and go for passport stamping. Then travel.
2)If I-485 is approved after we leave US, but before we return, can we still travel and re-enter using AP ?

regards
pdd123
Click to expand...

In this situation, it is totally safe to travel on AP.
 
Thank you for the reply.

I agree, It is a small chance that I-485 would be approved in 12 days.
(not really expecting something fast after such a long wait)
We cannot even inquire unless 30 days are past after dates become current.
Just wanted to know what to do if it did.

Can I just get a Infopass appointment immediately after I get the approval notice ? I am under the impression that one has to wait atleast 90 days after approval of I-485, but GC not recieved in order to get an I-551 stamp on passport..

regards
pdd123
 
There are 2 different scenarios:
1> You get approval notice and it states that you need to get a infopass appointment for PP stamping. You can take the appointment immideately. Then they make the plastic card and send to you.

2> You get the online message/approval notice that your case is approved and they have ordered a new card for you. In this case, you do not need an infopass appointment to get PP stamped. If you do not get the card in a resonable time (should be mentioned online/approval notice), then you can take infopass and ask why you didn't get GC.

Best of luck for your 485 approval and India travel.
 
Same question but a different situation

My situation is that I will be allowed to apply for 485 for the first time in June as my PD just became current for the first time after my labor cleared. My family had planned a trip to India this summer a long time ago. At that time we had no clue that my PD would become current.

My lawyer recommends that after applying for 485, I wait for finger printing notice to arrive before I leave the country. She says this notice takes about 3-4 weeks to arrive. I am OK with that.

Now, I want to continue to maintain my H1 status and was not planning on applying for EAD/AP. The lawyer says this is OK except under one scenario. The scenario is that if I leave the country without AP, and if 485 is approved while I am outside (Which is HIGHLY unlikely .... but is still a possibility that I need to consider) then I cannot come back to the country on my H1. Is she right that I must have AP to come back if 485 is approved while I am outside the country?

I am unwilling to postpone my trip indefinitely while waiting on EAD/AP approved. An EAD/FP which I do not even plan on using immediately. Is the lawyer just trying to make more money or is she right in the scenario she has laid out for me. Any knowledgeable person, please advice.
 
India trip

arihant said:
My situation is that I will be allowed to apply for 485 for the first time in June as my PD just became current for the first time after my labor cleared. My family had planned a trip to India this summer a long time ago. At that time we had no clue that my PD would become current.

My lawyer recommends that after applying for 485, I wait for finger printing notice to arrive before I leave the country. She says this notice takes about 3-4 weeks to arrive. I am OK with that.

Now, I want to continue to maintain my H1 status and was not planning on applying for EAD/AP. The lawyer says this is OK except under one scenario. The scenario is that if I leave the country without AP, and if 485 is approved while I am outside (Which is HIGHLY unlikely .... but is still a possibility that I need to consider) then I cannot come back to the country on my H1. Is she right that I must have AP to come back if 485 is approved while I am outside the country?

I am unwilling to postpone my trip indefinitely while waiting on EAD/AP approved. An EAD/FP which I do not even plan on using immediately. Is the lawyer just trying to make more money or is she right in the scenario she has laid out for me. Any knowledgeable person, please advice.
Click to expand...

It will take long time to recive a receipt for I-485 and a notice for biometric. you will come back to US befor that. Do you think I-485 approval you will arrive in 2 weeks or 2 months. It will take atleast 6 months. Go ahead.
Jc_gc
 
How long before USCIS sends receipt notice???

I am in a similar situation. I had booked my travel for July10 in January. Now I can file in June and my lawyer is insisting that I cannot travel until USCIS sends us a receipt notice for the AOS application. This they say can take anywhere from 4 to 6 weeks. Assuming that the laywer files in June, even the first week, this would result in a close call. If I have to cancel or change my travel it can result in heavy losses from fees etc. for the entire family.

Can anyone shed some light if what the lawyer says is absolutely correct? Why do I need a AOS receipt if I have an H1 visa stamp on my passport? Any experiences on the delay of receipt notices?

Any help is appreciated.

Thanks!
 
Travel in July

Same situation here . I planned for a vacation around July 20th. bought my tickets too. BUt since the priritory date is current I will be applying for AOS ( 485 ) after June 1st. I am sure I will have to postpone my travel plans. For now not thinking about the ticket cancellation/postponment fees etc. We will forget about them once we receive the GC.

inUSA2000...
 
To all of you looking to travel on H1 / H4 while 485 is pending:

IMO
If you maintain H status, and you have a valid visa stamp in your PP, you do not need to apply for AP/EAD. You can travel on H1/H4 during 485 pending. If your 485 is approved while you are outside, you can still enter using your H1/H4. If needed, at the port of entry, your passport will be stamped and you will get your GC by mail.

This is an old article from another lawyer's website. Read the "note:" after 2nd question.
http://www.usvisanews.com/articles/memo1151.shtml

Read this also:
http://www.usvisanews.com/articles/memo2341.shtml

Also, you do not need to wait for receipt for 485 before travelling. Yes, you need to be aware that you need to do the finger printing. So if possible, have some friend monitor your mail and they can inform you if they get FP notice. You can anyway reschedule if needed.
 
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Thanks for the email. But I have scheduled a HI visa stamping in my country. I am not sure how that will go if I go there after applying for my 485 and is pending. That too I am on my 8 year of extension.
 
inUSA2000 said:
Thanks for the email. But I have scheduled a HI visa stamping in my country. I am not sure how that will go if I go there after applying for my 485 and is pending. That too I am on my 8 year of extension.
Click to expand...

Applying for 485 does not change anything for H1 stamping. It is perfectly alright to get H1 stamp even when your 485 is applied. Now there may be a situation where your 485 is approved before you get H1 stamp... I can't say how things will work in that scenario. Check with your attorney. As I heard, now a days you can get an appointment for visa stamp within one week in India. Can't say about other countries. So if you get your visa stamped within a week of reaching your home country, then the only period of uncertanity is that one week.
Anyway, if you do not have H1/H4 stamped in the PP, you may want to obtain AP before traveling.
 
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