Travel before AP, EAD, even I485 receipt

M

mikbel095

Registered Users (C)
Hi,

I am an H1B holder and my wife is on H4. We have I140 (NIW, NSC, ND May 03, 2006) approved recently and plan to apply for the adjustment of status, together with EAD and AP. My wife travels in/out of the countly often and cannot wait for EAD, AP, or even an I485 receipt.

It seems to me that, as long as she uses H4 to enter and exit the country and I use H1B only, we don't need to wait for any documents from USCIS (not even an I485 receipt, providing that someone would mail it to us) to travel. Is it really so? Could someone please comment on this..

Thank you.
Misha.
 
As long as your H1-B stamp in your passport is valid, you don't need AP to travel. AP is only needed when you don't have an H1 stamp or it is expired.
EAD has nothing to do with travel at all.
 
mikbel095 said:
Hi,

I am an H1B holder and my wife is on H4. We have I140 (NIW, NSC, ND May 03, 2006) approved recently and plan to apply for the adjustment of status, together with EAD and AP. My wife travels in/out of the countly often and cannot wait for EAD, AP, or even an I485 receipt.

It seems to me that, as long as she uses H4 to enter and exit the country and I use H1B only, we don't need to wait for any documents from USCIS (not even an I485 receipt, providing that someone would mail it to us) to travel. Is it really so? Could someone please comment on this..

Thank you.
Misha.
Click to expand...

I-485 can be only filed when you are IN US. make sure I-485 reach the USCIS BEFORE you go out of US. ask your lawyer when he is sending the I-485 then make the plan to go out.
 
Thanks!

Thank you!

I don't have a lawyer for I485. It seems to me that I485 paperwork is not too difficult.. Would you agree with that or is there tricks in I485 application?

Misha.
 
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