Is it safe to go out of country??

K

konvav

Registered Users (C)
Hi,

I got my 140 approval on 04/28/2005. I am planning to go to my home country and stay there , till june end. I have h1B stamped till 2006, I dont need to go for stamping in my country. I am worried, that what will happen if my 485 approval comes when I am in India?? I did not apply for Advance parole because I have h1 stamping for 2 years that time.
In case the approval comes,

1. What will be my h1 status(will it expire)??
2. Can I enter with my H1 visa?
3. Any issues while stamping if I enter with H1?
4. Immigration letter they ask whether u apply for immigration or not? then what do we need to write in that case?
5. If I cant enter with H1 visa, what will happen to my GC and how can we get it??

Please suggest me.

Thanks
kamal.
 
konvav said:
Hi,

I got my 140 approval on 04/28/2005. I am planning to go to my home country and stay there , till june end. I have h1B stamped till 2006, I dont need to go for stamping in my country. I am worried, that what will happen if my 485 approval comes when I am in India?? I did not apply for Advance parole because I have h1 stamping for 2 years that time.
In case the approval comes,

1. What will be my h1 status(will it expire)??
2. Can I enter with my H1 visa?
3. Any issues while stamping if I enter with H1?
4. Immigration letter they ask whether u apply for immigration or not? then what do we need to write in that case?
5. If I cant enter with H1 visa, what will happen to my GC and how can we get it??

Please suggest me.

Thanks
kamal.
Click to expand...
Hey Kamal no problems at all for re-entering the country. You have a valid I-94 and H1 is stamped.
Considering worst case senorio (God forbidden nothing will happen) your 485 gets denied, then also u can enter the country on H1. I am not sure if there is any time frame for getting passport stamped once 485 is approved. Ask somebody that is it mention on the approval letter any time frame for stamping. Only if there is a time frame you got to rush back. As long as your H1 is valid and all documents related to H1 are good nothing will happen. If you are getting any query for H1, your lawyer can send the response in your absence.
 
i remember reading some where in the forum that 485 approval means h1 is not valid anymore... i think you should better talk to your awyer about this.
 
You can reenter on your H1B as long as your 485 is not approved. If your 485 gets approved, then you are in trouble if you dont have advanced parole. If you are EB2, you should get AP before you go.
 
Konvav
TJshah is right. As long as you have valid H1 you are fine. Techinically if your 485 gets approved then you need AP. but at port of entry no one is checking this. If you show AP then they are checking and if you are in another line which is for Non Green card holders, they scan your I-797 and it will show the validity. As long as you have the validity you are fine.

BTW i'm leaving india onthis thursday and will be back in june and I'm going with h1. I'm eb2 and my 140 got approved two months back. you r EB3 and I guess your are fine .

You can cross check with your attorney and make a decision. Its your Life and your Decisions.
 
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Thank you for your quick responses on this.

I spoke with my Lawyer about this. He suggested to take an AP before I leave. I am not sure why he suggested that. I think some of them, they dont even know what will happen. They also suggesting the best case. That is what I thought, he said "there is no problem, but better to go with AP with you". When I said I dont have time, asking me to take emergency AP. I see some info in

http://www.murthy.com/news/n_favint.html.

Which also saying the same as what tjshah and plastic_card metioned. I am from India, so its anyway retrogressed.. But who knows its NSC with 140 I got approval before many other applicants who filed before me, thats all I worreid. It would be great if any one in similar situation whoom u know and want to share that experience.
 
konvav said:
Thank you for your quick responses on this.

I spoke with my Lawyer about this. He suggested to take an AP before I leave. I am not sure why he suggested that. I think some of them, they dont even know what will happen. They also suggesting the best case. That is what I thought, he said "there is no problem, but better to go with AP with you". When I said I dont have time, asking me to take emergency AP. I see some info in

http://www.murthy.com/news/n_favint.html.

Which also saying the same as what tjshah and plastic_card metioned. I am from India, so its anyway retrogressed.. But who knows its NSC with 140 I got approval before many other applicants who filed before me, thats all I worreid. It would be great if any one in similar situation whoom u know and want to share that experience.
Click to expand...
.
Ok I know what you need to do here. File AP today itself by email. Go to your local INS office with the copy of receipt (from INS website they have received your AP application..........). Explain the situation to local INS and most of the time they will give you AP.
I am telling this because I have done this!!. Reasons / situation was ofcourse different. I had AP which got expired in Nov 2004. Thinking that my green card will come any time, I didn't renew AP. I had some emergency back home. I had got doctor's certificate too. Went to local INS office, they saw doctor's certificate, my expired AP, my H1 ( BTW I am working on EAD), I-94 etc. and extended my AP for 2 months. That officer asked me if I have filed for renewal or not, I said no as my green card is due anytime. She did mention that it would have been good if I had filed and then come to her.
So I do not give any surety about your case, but try your luck.
 
If your 485 is approved while you are in india then you can't use your H1 to come back. YOU HAVE TO USE AP ONLY

If your 485 is not approved then you can always use your H1 with visa stamping to come back..
 
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Hi konvav,

As you are from India with EB3 & PD Apr.03, I think you are fine as the visa dates are not going to jump by 10 months till then, current is 1stJun02. If any jump is seen, it may be in Sept.05 being the year-end for USCIS and before that you will be travelling safe back from home country to here.

BTW, if you have already planned the trip, it may be hard to get the AP approved so soon.

Enjoy the Indian summer.

DIGS
EB3, India
 
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