status

[ky2k5]

I am planning to go to India for a month, in Spt. 05

If my case gets approved meanwhile, USCIS does not let me get my pp stamped, I should be waiting for the card in mail, my AP becomes invalid - should I cancel my tickets?

PD 6/2000, EB2, India
140/485 RD 6/30/04
140 AD 5/19/05
485 ...

 

[jkvaisnavi]

If 485 is approved then you can't stamp it in india and you have to have a AP to come back. If you don't have AP then apply it and get it approved before you leave. DON'T DEPEND ON THE PLASTIC CARD (I know people received in a week and also some folks are in endless waiting Q)

Also read this.... immigration-law.com

06/22/2005: H-4/L-2 Dependent H-4/L-2 Visa Eligibility After H-1B/L-1 Enters U.S. on Advance Parole

* The EB-485 applicants sometimes travel on Advance Parole either because he/she does not have a valid H-1B/L-1 visa in the passport or he/she opts to travel on Advance Parole for other reasons. The question remains whether their H-4 or L-2 family members will be able to travel or apply for the extension of H-4 or L-2 visa. The conventinal rule was that the dependent visa status or visa is valid only if the principal alien's H-1B or L-1 remains valid and probably by entering on an advance parole, the principal alien takes a risk of depriving the family members of the opportunity to apply for H-4 or L-2 visa and entering on H-4 or L-2. This problem can be very serious should the family members are left behind without an advance parole when the H-1B/L-1 alien returns to the U.S. on an advance parole. It appears that there are some areas of confusion considering the current practice and rule of the USCIS that H-1B alien is eligibility for extension of H-1B and work without EAD after they return on an advance parole. However, common sense should dictate the H/L aliens and their families not to leave the country without advance parole if the principal alien has a plan to return on advance parole.