Travel emergency ! Please help !

A

ab1

Registered Users (C)
Hi All,

Can you please help me with my question ?
I have really urgent need to travel outside US. My H1 visa is expired and I have my EAD now and I'm using it. I also have a receipt confirming that my I-485 is in process. I know I should have approved AP to travel but after applying I've got receipt form VSC saying that process time is 30 to 90 days :(
My case really requires immediate need for travel. Can I leave without AP and then my friend will send it to me, so I'll have when when I'm returning to US ? I know I shouldn't do that, but question is how INS is tracking that ? Do they put any stamp on the AP when I'm leaving US ? If not, how do they know I left the country before approval of AP ? Do they track I-94 ?
Please advice !

Thank you very much,
Andy
 
If you can spare a day before travel, maybe try your local INS for emergency AP. I don't know where you are but in NJ, people have reported getting same day AP, by going to Newark with a new application, photos, fee etc, with something like a fax describing the emergency situation in home country, and received AP the same day.

I've seen it suggested that things will work fine if the AP is mailed to you after you leave, but if there is a glitch in the approval of AP (say a RFE), then it could get complicated.

good Luck..
 
thanks

Hi skk01,

Thank you for your responce!
Unfortunately I already tried local office (I'm in Mass, so Boston is local office for me), but they denied my request and my option is only file with the office where my I-485 is pending (which is Vermont Service Center). Unfortunately VSC is mail-only facility and doesn't accept applications in person.
Its why I've asked if leaving without AP (but returning WITH AP) will work or not.

Anyway, thanks again.
Andy
 
A colleague of mine did that what you are thinking of. His lawyer applied for him, got the AP and mailed it to him. He is back now. But its still a risk.
 
my sister-in-law did it before!

Hi,

Around 3 and half years ago, at the end of 1999, my sister-in-law went to her home country while her AP was pending. Then one week later, her AP got approved and I mailed it to her. She came back with no problem.

-f
 
Dont loose your all hope

Folks,
remember there is a recent rule.. If your AP is pending, you must have to leave after the approval of it while you are seeking to reenter on AP. This does not apply to them to whill seek to reenter on H1/H4 visa.

Therefore, dont act like a foolish and get caught on your way back while BCIS made the law clear recently.
 
There are no recent rules regarding AP. It has been in existence ever since employment based GC applicants applied for AP...
Please dont spread panic...
 
Thank you everybody !

Thank you everybody for the replies.

I know its risky but I'm going to try to go without waiting
for AP approval. Wish me luck. :)
 
If you are on EAD then you are adjustee and for you to leave the country without AP is deemed abondoning your 485. Its okie you can get AP in mail but what if at POE the IIO asks you when did u leave the country then u hv to tell the truth or if he sees the immigration stamp of some other country before your approval was mailed to you then u r i ntrouble. Use your own judgement and proceed with risks you plan to take. worst case is you will loose your 485 and have to go CP route and best is you hv no trouble.
 
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