Please help -- What if my GC approves while I am in India.

ashoka

New Member
Hi,

I filed my I-485 six months back. I am planning to go to india for marriage in January\'2002. My H1B visa is valid until August,2003. I didn\'t apply for EAD or advanced parole as i have enough time in my H1B.

My question are,
what happens if my GC approves while I am in India? (It is my understanding that wife can\'t come on H4 in this case.)
What about me? Still can I use my H1B visa to enter and then go for GC stamping in USA?
Is there any problem while entering into USA at the port of entry?

Please let me know what should I do in this case.
Please advice me, I appreciate your help.
Thank you
 
Go to murthy.com and browse

some past 5 or 6 Chat Sessions. I remember someone asking similar question there, just not sure which session exactly.
 
No Title

Dear Ms. Murthy, if I-485 is approved does one still need advance parole to re-enter U.S.? Thanks.

Attorney Murthy: If one was abroad when the I-485 was approved, then one cannot use AP to enter, since the AP is only when the I-485 is still pending. Instead, INS instructions allow a person to be paroled in for deferred inspection. The individual then has to go to the local INS Dist. Office to get the stamp with the Temporary Evidence of Lawful Permanent Resident in the PP and come back to the port of entry to show the stamp to the Inspector at a date / time the Inspector indicates.
 
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