intend to file for 485 - when can I go outside the country

[tanenbaum]

Hi
I am in the midst of collecting documents for the 485 filing process.
My attorney tells me that I cannot travel out of the country until the filing has been done and the receipt received from INS
Is this correct
I have a valid H1 until Oct 2003, no layoffs and have always been in status. How will an immigration office at the port of entry find out whether I have applied for 485 or not - and how does it affect my intention of being a permanent resident anyway.
Any help appreciated
Thank you

 

[jaxen]

The do- not- travel -advisory

for 485 applicants , is generally given for applicants other than h1 and L1 holders.
The reason is that generally the I94 you mention in the 485 app should cover you till you move on to the adjustee status. And to travel you have to use AP then afterwards. If not, the adjustment of status will be considered ABANDONED!

Point favor for U:
But INS itself (in its FAQ about AP) says that h and L visa holders need not file AP.
So this can be intrepreted as H1 need not show the 485 receipt at POE and so U can briefly leave US soon after 485 is filed.

Points not in favor:
The risk here is, if your 485 application was not accepted (i.e. missing checks or documents), you might have to apply again. If you are here You can respond promptly.
Moreover if you are going to your home country (and it was all along planned) you should have done consular processing instead of 485, so that you could have avoided these abandonment examinations.

My opinion: go ahead and Travel but also do not aggravate your lawyer on such a silly issue.