regarding travel when I-140/I-1485 pending

C

chrislofter

Registered Users (C)
Hello Everyone,

I have a question regarding my travel to India. I have applied for I-140 and I-485 concurrently under EB2, NSC in Oct 2004, I had received and replied to I-140 RFE in May 2005 regarding ability to pay. There is no response yet to the RFE, just the status is updated that INS has received the response.

My visa is valid till Jan 2006 and I will have to apply for a 7th year H1B extension. Is it safe to travel to India under these circumstances, I had not applied for advanced payroll when filing concurrently since I had visa stamped in passport till Jan 2006. Please advise.

Thanks
 
Since you have a valid H1 stamp on your passport, you will be allowed to re-enter as long as you return before Jan 2006.

But what if your 140 and 485 get approved while you are abroad? This makes your H1 invalid and since you do not have AP, I'm not sure if they would let you re-enter. Anyone?
 
Advance Payroll

Thanks Cfiler. If I apply for AP now, how much does it usually take to get it and would it still be safe to Travel, in case if my I-140 or I-485 gets approved in the meantime and I have to use the AP.
 
You are looking at a 2 or so month processing time for the AP based on my experience. If you are out of the country and your 485 gets approved, you can still come in using your AP, or so have I read on here. This may be a good question to ask your lawyer, if you have one.
 
Just my 2 cents. I am not a lawyer, so this is just my personal view. Please check with other expereinced memebers as well on teh forum and.or your lawyer.

If you have not used your EAD, then legally and technically you are still on your H1 which is valid till January of 2006. Even if your I140/I485 gets approved when you are in India, your H1 is till valid till you have your I485 approved.

Not to discourage you or anything, but getting the I485 approved withing next 2 -3 months would be a impossible dream come true. Yes, you may get your I140 approved and that is still okay.

Use your best judgement. Good luck !!!
 
Travel I-140/I-485 pending

You can apply the AP with an instruction to forward it to the Consulate in India. So that if your I-485 is approved you can enter on AP. But looking at the retrogeassion it is highly impossible.
 
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