Please respond. 130, Pending 485, AP

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falto

Registered Users (C)
I am going to start processing and will submit 130, 485 AP and EAD. I need to travel outside US in December and i am on H1 with expired visa and do not want to renew my visa while abroad.
If my 130 got approved and 485 will remain pending in decemeber, can i use AP to travel outside.
Somebody told me that by doing that i am withdrawing my 485 since i'll be out of status as soon as i use AP.
I am in great confusion. It mean that i cannot travel until i got my greencard.
Please respond.
 
falto said:
I am going to start processing and will submit 130, 485 AP and EAD. I need to travel outside US in December and i am on H1 with expired visa and do not want to renew my visa while abroad.
If my 130 got approved and 485 will remain pending in decemeber, can i use AP to travel outside.
Somebody told me that by doing that i am withdrawing my 485 since i'll be out of status as soon as i use AP.
I am in great confusion. It mean that i cannot travel until i got my greencard.
Please respond.
Click to expand...
If you are in status when you file for I130 and I485 , AP and EAD, you can travel outside US using AP. The purpose of AP is that you can travel while your I485 is pending.
Somebody told me that by doing that i am withdrawing my 485 since i'll be out of status as soon as i use AP.
Above statement is 100% wrong.
 
The somebody who told you that you are out of status as soon as you use the AP is wrong. The purpose of AP is so that you can travel outside the country while your application is pending. However, if you are out-of-status now (H-1 expired), then things might be a bit different. I am not sure what the exact rules are but if you post here on how long you have been out-of-status, somebody on this forum might be able to help.
All the best!
 
Read about the Advance Parole here:
http://uscis.gov/graphics/howdoi/travdoc.htm

If you have overstayed your visa for more than 180 days then you should refrain from traveling even if you have an AP.
Otherwise I guess there shouldn't be a problem. But it is always better to make sure you will be fine, so call or make an Infopass before you travel.
 
Thank to all of you for your reply. Yes i've valid i-94 which will expire in april 2007. I think i m ok as far as traveling concern while 485 is pending. In case if i got my interview and be in name check process, can i still travel during name check process.
 
falto said:
Thank to all of you for your reply. Yes i've valid i-94 which will expire in april 2007. I think i m ok as far as traveling concern while 485 is pending. In case if i got my interview and be in name check process, can i still travel during name check process.
Click to expand...

Yes. You can use AP to travel as long as your I-485 is pending. If you have attended the interview and are stuck in FBI namecheck, it still means that your I-485 is pending.
 
My I -485 is pending and I am planning to travel on AP in May. I am little bit nervous about it but so far everybody is telling me it will be ok.
 
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