Travel after 485 filing, without receipt

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Nabeel1

Registered Users (C)
Congratulations to everyone on the reversal of Bulletin decision !!

Quick question: Does any know the exact immigration law on travel once you file for I-485 ? (travelling without the receipt). Has anyone done so ? I need to travel urgently for 2 weeks after my filing, but not sure on if it is possible. I know its better to get the I-485 receipt and then go, but is it mandatory or just safer ? Which of the two ?

Thanks in advance.
 
Travel

Technically one is supposed to file 485 when already in this country.My lawyer had told me that USCIS may reject my 485 down the line if I was not in this country on that date.On the receipt date ( from receipt notice) one has to be in this country.Having waited so long I had decided to alter my travel plans as this was also suggestion given by many on this forum then.
I don't know how urgent your needs are but my suggestion is to play it safe if you can
 
Thanks backlogged1. Oh well, I may not cancel my tickets until last minute and get a penalty of $ 300 or so. If my receipt comes in quicker, then I will fly. The travel is 3 weeks from now - that is August 11.
 
USCIS had issued a memo in early July giving probable time frame for completing and sending receipt notices and if I remeber correctly it was by second week of August.Worst come you may consider postponning it by only few days.Hopefully you should get it by then.
Good Luck
 
Nabeel1 said:
Congratulations to everyone on the reversal of Bulletin decision !!

Quick question: Does any know the exact immigration law on travel once you file for I-485 ? (travelling without the receipt). Has anyone done so ? I need to travel urgently for 2 weeks after my filing, but not sure on if it is possible. I know its better to get the I-485 receipt and then go, but is it mandatory or just safer ? Which of the two ?

Thanks in advance.
Click to expand...

Based on attorney Murthy's chat information, one is required to be in USA to file for I-485. Once the petition has reached the service center, you can travel but to play more safe she cautions to get its receipt notice before you go out.

My guess to this safe approach is what if the petition is not filed to proper center, what if there were insufficient documents including checks etc. In this case USCIS may return the documents and you may have to RE-FILE it with proper documents at which time you should be in usa.
 
I got this clarified with my attorney

I am sure there is no need for I485 receipt to travel. You can go and come back. There is no issue in that. This is confirmed in murthy.com also.

You just need to manage the fingerprint notice that may come when you are not there - seek a postponement.
 
You still need to be in the US when you file the I-485. Receipt is not absolutely necessary but it provides proof and makes it safer. USCIS will look at the receipt date, and if they know that you were abroad on the receipt date, they will reject the application. Then you will then have the burden of proving that you were still in the US on the date that your application arrived at their office, and of course proving when it arrived (with your Fedex/UPS receipt).
 
I talked to my lawyer today and she said immigration law states that you need to have H1-B "and" 485 receipt to travel. That is the exact law. However she also said, many people have travelled outside the country after filing for 485 and they have mailed the receipt to them abroad. USCIS are very shrewd people, they can easily track who was in and who was out once they see the I-94 surrendered during departure. My lawyer also said she has never seen anyone have issues on travelling after filing 485. The receipt goes to the lawyers office.

Any one else know of any other folks who have run into trouble on travelling after filing for 485 ? How come in the previous posts someone said its ok to travel coming from Murthy.com - any other advice from gurus on the forum ?
 
My lawyer advised me against it. He said its OK to travel on USCIS receipt notice but there may be a chance of delay to the process if biometric and EAD notice is sent.
 
Receipt notices at NSC are taking way too long...My application received at NSC on Jun 4th, so far no receipts issued. The compliance date in their latest update was Jul 18th. So hopefully I will get it, but with the number of people filing in July, I dont see that you will get it very soon. Just a heads up, so you can come to a decision.
 
Per immigration-law.com - this is what the other lawyer said : have been receiving a large number of emails with a question of traveling in a valid H-1B status pending receipt notice of I-485 applications. The H-1B alien enoys the dual intent of permanent resident intent and temporary resident intent at the same time. Accordingly, filing of I-485 will not affect his/her H-1B status including traveling on a valid H-1B visa in the passport. However, there is a risk for such trip at this time because of the special circumstance. As I explained earlier in answer to another question, the law requires that I-485 applicant must be physically present in the U.S. to "file" I-485 application. Physically delivery of the I-485 application alone does not constitutre "filing." If the I-485 application is "rejected" for one of the various reasons, it is not considered filed. If the application is rejected and returned, you should quickly refile it, certainly before August 17, 2007. When you are not present in the U.S., you will not be able to file it. If someone files it on your behalf when you are physically not present in the U.S., the USCIS will eventually detect it while they adjudicate your I-485 application since part of ther jobs is to check every single entry and exit stamps. I do not recommend people to leave the country before receiving the Receipt Notice.

Thanks to everyone for their posts. Appreciate it guys !
 
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