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Travel and EB1-OR
- Thread starter redbluff
- Start date
Well this was topic of discussion sometime back
best is to take infopass appointment and confirm this
again...........your info dosen't tell that you are filling I-485 also
thsi topic doesn't need any discussion if you are just filling Eb1-OR I-140 petition and not I-485
as in that case you can go
but if u r also filling I-485 /......some say that you need AP to travel (as it was suggested by immigration office to some) personally even i feel with valid H1b yoi can reenter
there are dome documents which explains what happens when you travel without AP and ur I-485 gets approved in ur abscence.
make search and read prior to ur trip!!!
best is to take infopass appointment and confirm this
again...........your info dosen't tell that you are filling I-485 also
thsi topic doesn't need any discussion if you are just filling Eb1-OR I-140 petition and not I-485
as in that case you can go
but if u r also filling I-485 /......some say that you need AP to travel (as it was suggested by immigration office to some) personally even i feel with valid H1b yoi can reenter
there are dome documents which explains what happens when you travel without AP and ur I-485 gets approved in ur abscence.
make search and read prior to ur trip!!!
I have travelled last year without any problem. I applied I140 and 485 in Oct 2004. Had a valid H1B stamp till June 2005. I and my family returned back in March 2005 without any problem. Have a nice trip..you should be okay.redbluff said:Hi
Please guide me. I am planning to apply for my EB1-OR concurrent and plan to travel. If I have the Visa stamp valid, can I enter US after travelling abroad when my I-140 concurrent application is pending/approved or I will need advance Parol
Please advise
honkman opnce posted this
"Given the unpredictability of processing times, it is possible for the I-485 to be approved while one is traveling abroad. Therefore, although H-1/H-4 and L-1/L-2 holders can travel without advance parole, it is best not to do so. This is particularly true for individuals who do not have valid visas in their passports. If the I-485 is approved while an individual is abroad, s/he is no longer eligible for nonimmigrant (temporary) status. The best situation is for the individual to have advance parole, which makes travel possible, and to explain the fact of approval at the Port of Entry. The worst situation is if an individual does not have advance parole and plans to obtain an H or L visa at the consulate for reentry. If the I-485 is approved while this person is abroad, s/he is not eligible for the H or L visa at the consulate. Without other documentation permitting travel, one would not be allowed to board the plane without a travel document or valid visa stamp in the passport."
"Given the unpredictability of processing times, it is possible for the I-485 to be approved while one is traveling abroad. Therefore, although H-1/H-4 and L-1/L-2 holders can travel without advance parole, it is best not to do so. This is particularly true for individuals who do not have valid visas in their passports. If the I-485 is approved while an individual is abroad, s/he is no longer eligible for nonimmigrant (temporary) status. The best situation is for the individual to have advance parole, which makes travel possible, and to explain the fact of approval at the Port of Entry. The worst situation is if an individual does not have advance parole and plans to obtain an H or L visa at the consulate for reentry. If the I-485 is approved while this person is abroad, s/he is not eligible for the H or L visa at the consulate. Without other documentation permitting travel, one would not be allowed to board the plane without a travel document or valid visa stamp in the passport."