Please advice, How long it\'s taking to get receipt notice after filling I485.

G

gc_hunter

New Member
I am going to file I485 next week for myself and my wife. My wife (on H4 and still having one year visa validity) is planning for India trip in mid July. If I get receipt notice, before she goes, I can visit local INS office to get AP.

A. How long INS (VSC) is taking to send receipt notice ?

otherwise

B. Can she go and come on H4 visa ? (after filing I485 ) ?

or

C. Is there any alternative ?

please advice,

thanks in advance,
 
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GC_Hunter,

Answers to your questions -

1. It is taking approximately couple of months for the INS to issue 485 receipts in the current situation. The situation may improve or may get worsened.

2. Till one has valid H1B or H4, (s)he is free to travel. One needs AP only if one does not have a valid visa in US. Which does not seem to be your case so with in next 1 year your wife is free to travel and come back (before it expires).

3. I believe this question is automatically answered with previous one.
 
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One can travel on H4 as long as it is valid. However, some say that you need the original filing receipt also. With the delay in INS (VSC) it may take upto 2-3 mths to get the receipt. Now, i don\'t know if they ask you at POE if you filed I-485 and if you have the filing receipt. But, to be covered.

So, clear the issue of receipt with your lawyer.

Often, if the receipt is taking too much time, you can get an Emergency parole (mostly medical grounds). You can also call VSC at 802-527-4913 and ask them the procedure.

But, don\'t go before you know the answer.
 
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