Is it required 2 wait for the receipt No. (140 and485 )before you can Travel or leave

G

gcrelated2003

Registered Users (C)
DO you need to wait for the receipt Number before you can leave the country?. My wife is leaving in this month end and i was planning to apply the I-140 and I-485 when she will be in india. Will it cause a problem ?. Do i need to wait till we get our receipt number before she can plan and leave the country. Also does it matter if she is joined later in the process in a sense that i file with my documents and then later on we submit hers. I am confused. Please Advice... Thanks in advance...
 
Last edited by a moderator:
For I-140 no problem. But she should be here at the time of applying I-485. Once I-485 is applied she need not wait for receipt.
 
This is copy and paste from BCIS website.

http://www.bcis.gov/graphics/publicaffairs/advisories/advisory.htm

Q2. Who needs Advance Parole?

A2. Aliens in the United States who have an emergent personal or bona fide reason to travel temporarily abroad and who have:

An application for adjustment of status pending;
Been granted benefits under the Family Unity Program;
Been granted Temporary Protected Status; or
An asylum application pending.
Note: Aliens holding valid H-1 (temporary worker in a specialty occupation) or L-1 (intra-company transferee) visas and their dependants who have filed for adjustment of status do not have to file for Advance Parole as long as they maintain their non-immigrant status.


If you ahve valid H1 or L1 you dont need to wait for recipt of 485 as you dont need AP.

One has to be physically present in US to apply AOS. What I suggest you is apply AOS and then visit your country. You dont have to wait for AOS receipt and AP.

consult your attorney.
 
Thanks for the reply

Its so unfortunate that my attorney is not in favour of travelling unless the receipt is received. What he said was one needs to wait till he/she gets the receipt. I could not discuss more as i dont know if he or every attorney is too busy or they think they are doing a great favour be giving few mins. My attorney does not feels like discussing more. So i have to accepts what he says. What he said was go ahead and file mine I-140 and I-485 and ones my wife is back he will apply for hers. I dont know if thats gonaa cause any issue or will further delay or what but as of now thats the only way i can think of. Any body having similar experience please post your experience and advice please.

THanks again tammy2 and 140_when? for your suggestions.
 
My 485 is not applied yet (waiting I-140 approval) , but my company attorney told me the same thing i.e. when 485 is applied we should be in US until receipt is received. I think this is to play safe as your current I-94 number changes if you travel abroad and that may make 485 application in accurate.
 
Hi

Have a similar issue as my wife has to fly Oct 1st week.I have a H1 and she just recd her H4 on Sep11.All the discussions and forums say she can travel and get her H4 stamped in India but my attorney says she cannot travel and needs the AP
 
gcrelated2003

Your attorney is correct. Because for applying I485 the applicant must be in US. Untill you receive the notice it is not sure whether they accepted the application or not. If there is a mistake they may send the entire application and you may have to reapply. So it is better to wait till you get receipt notice.

m1234
 
gcrelated2003

Your attorney is correct. Because for applying I485 the applicant must be in US. Untill you receive the notice it is not sure whether they accepted the application or not. If there is a mistake they may send the entire application and you may have to reapply. So it is better to wait till you get receipt notice.

m1234
 
Thanks m1234 and sn99.

Thanks for the information and i am sticking to what the attorney has suggested and will only be applying for mine. I will also be travelling in the nov 2nd week and i have roughly around 4-5 weeks inbetween so i would expect the receipt to comeby then. I am not sure how long they are taking now a days to issue a receipt. once mine is done i can add my wife's documents later on when ever she comes back. Will there be any problem in that?. My attorney says that is pretty usual and there would not be any further delay due to that. Anybody past experience will greatly help me to decide. Thanks in advance.

For mac123, i dont know as i am also sailing in the same boat but as far as revalidation is concerned better carry as many documents as possible(related with H1) as things are getting delayed for no reasons in india(eg: security...). Again the information is based on other forums and not by someone whom i know personally. Carrying all documents just in case need arises for H-4 itself is what i would suggest , again a layman suggestions and not an attorneys words..
 
You must log in or register to reply here.
Top