May I l travel out of US while 485 is pending?

H

hague

New Member
I just got my LC and my priority date is July 2003, EB2. So I can file my I-140 and I-485 together now. But the problem is that I plan to go back to my home country - China at the end of Sept. and I have even bought the air ticket because I didn't expect the LC would be certified by then.

Now my question is that may I file I-140 and I-485 before I leave? I don't thnk I can get AP before I leave even I file it right now.

Currently I am on H1-B visa. I think I will still have to go to the US embassy to apply for my H1-B visa before I come back to US.

Any suggestion?
 
hague said:
I just got my LC and my priority date is July 2003, EB2. So I can file my I-140 and I-485 together now. But the problem is that I plan to go back to my home country - China at the end of Sept. and I have even bought the air ticket because I didn't expect the LC would be certified by then.

Now my question is that may I file I-140 and I-485 before I leave?
I don't thnk I can get AP before I leave even I file it right now.
---------------- you can file I-140 and I-485 AP, EAD before you go out or after you come back
Currently I am on H1-B visa. I think I will still have to go to the US embassy to apply for my H1-B visa before I come back to US.
------------- you will need valid AP( if I-485 filed and AP gets approved Before you go out) or H1 visa stamp to come to US
Any suggestion?
Click to expand...
 
I don't thnk I can get AP before I leave even I file it right now.
---------------- you can file I-140 and I-485 AP, EAD before you go out or after you come back.

What do you mean by answering he files the AP before he goes out?
 
immiq said:
I don't thnk I can get AP before I leave even I file it right now.
---------------- you can file I-140 and I-485 AP, EAD before you go out or after you come back.
------------- poster just need the info if he can file I-140, I-485, EAD AP before he goes out and one CAN file all. I never said that he can USE the AP if approved AFTER his deparute from US. poster just asked can he File the above.
What do you mean by answering he files the AP before he goes out?
----------- if he files AP with his I-485 before he goes out and gets AP approved in hand Before he goes out then he can USE AP.
**** you are mixing FILING and USE
Click to expand...
 
Do you think if it is meaningful that one files something but can’t use it eventually? Do you encourage people in doing so?
 
immiq said:
Do you think if it is meaningful that one files something but can’t use it eventually? Do you encourage people in doing so?
Click to expand...

If Hague files I-485/EAD/AP now, he/she will have an earlier I-485 RD than if he/she files after the trip. And he/she will also take advantage of being current now. Hague can travel fine with a valid H1 stamp (and he/she should be able to get it stamped at the embassy, since H1 is dual intent and all).

Having said that, Hague doesn't have to file now if he/she doesn't want to.
 
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civ2ru said:
If Hague files I-485/EAD/AP now, he/she will have an earlier I-485 RD than if he/she files after the trip. And he/she will also take advantage of being current now. Hague can travel fine with a valid H1 stamp (and he/she should be able to get it stamped at the embassy, since H1 is dual intent and all).

Having said that, Hague doesn't have to file now if he/she doesn't want to.
Click to expand...
We are talking about the AP. Read it carefully before jump in. Can one file an AP before he will go outside immediately? Yes, he can but will waste money. Do you want to try such a foolish filing?
 
immiq said:
We are talking about the AP. Read it carefully before jump in. Can one file an AP before he will go outside immediately? Yes, he can but will waste money. Do you want to try such a foolish filing?
Click to expand...

There's no reason to get all emotional and take everything so personally, we're all just trying to help people here.

What I meant is I believe it to be wise to file I-485 as soon as possible, if one is current. I also believe it wise to file for AP and EAD together with I-485, as they are a good back-up plan should something happen to one's non-immigrant status in the future. Obviously, in Hague's case, AP is not an immediate necessity, yet he/she still may choose to get it.

My own I-485 got approved within a month of getting EAD and AP, so I never ended up using either of them. Still, I don't regret filing I-765 and I-131, as people have been known to get stuck in name checks, retrogression, etc. It's an extra couple hundred dollars, true, but the feeling of that extra security was worth a lot to me.

The bottom line is, it's up to Hague, whether to file AP (for future use) or not. And that's all I'm gonna say on the subject. Good luck!
 
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