Travel Guidelines (I-485 Pending)

R

rockchill

New Member
My 485 application was filed in July-07 along with the EAD (I-765). I did not apply for AP (I-131) because my H-1B is valid till Feb-2010. However, my H-1B visa (stamp on the passport) expired earlier this year. I'm planning on traveling outside US in Nov-07 and get the new H-1B stamped on my passport. Here are my questions:
  1. Is it okay to travel outside the US under the above stated circumstances?
  2. Do I need to have the USCIS I-485 filing receipts with me when re-entering the US at the port of entry?
  3. Does getting the new visa stamped on the passport (hence a new visa number) impact the I-485 processing?
  4. Does getting a new I-94 number (surrender the old one and get the new one while re-entering the US at the port of entry) impact the I-485 processing?
Thanks in advance
Rock
 
rockchill said:
My 485 application was filed in July-07 along with the EAD (I-765). I did not apply for AP (I-131) because my H-1B is valid till Feb-2010. However, my H-1B visa (stamp on the passport) expired earlier this year. I'm planning on traveling outside US in Nov-07 and get the new H-1B stamped on my passport. Here are my questions:
  1. Is it okay to travel outside the US under the above stated circumstances?

    -------------------YES you can go out after I-485 reach the USCIS, for entry to US you need H1 Visa stamp or AP
  2. Do I need to have the USCIS I-485 filing receipts with me when re-entering the US at the port of entry?
    --------------------if you have H1 valid Visa stamp then they dont ask for I-485 filing reciept
  3. Does getting the new visa stamped on the passport (hence a new visa number) impact the I-485 processing?
    -----------------NO
  4. Does getting a new I-94 number (surrender the old one and get the new one while re-entering the US at the port of entry) impact the I-485 processing?
    --------------------NO
Thanks in advance
Rock
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Rock,

I too am in the same situation that you are in. I had just sent my 485 to USCIS anbd will be traveling in August.

Ginnu:

Thanks for the input.
 
Check

ashlinM said:
Rock,

I too am in the same situation that you are in. I had just sent my 485 to USCIS anbd will be traveling in August.

Ginnu:

Thanks for the input.
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My laweyr says as per rule we need original receipt though you come on H1.
She says if they ask you need to show. Do not ask me why?
 
sarathynp said:
My laweyr says as per rule we need original receipt though you come on H1.

-----------I dont agree with your lawyer.what RULE she is talking? USCIS or CBP has no such rule the person who enter on H1B status with H1 valid Visa stamp show the I-485 filing reciept( if they have filed I-485)

She says if they ask you need to show. Do not ask me why?
Click to expand...
------------------------- when person enter with AP he she should keep I-485 filing reciept and 98/% time they see the AP and dont ask for I-485 filing reciept. AP has A# on the AP document and CBP officer can check USCIS data with A#
 
Travel Plans with No I-485 Receipt.

Hey
I have applied my I-485 on July 2nd and have travel plans from 2nd week of august. My lawyer asked me to avoid the travel plans as i did not get my receipt. According to him I should have the I-485 receipt while coming back.Even in Murthy bulletin it says that "if possible try to avoid travel"
i am really confused. My friend say that its not a bigdeal but kindly any one help me..
Thanks
 
parinda35 said:
Hey
I have applied my I-485 on July 2nd and have travel plans from 2nd week of august. My lawyer asked me to avoid the travel plans as i did not get my receipt. According to him I should have the I-485 receipt while coming back.Even in Murthy bulletin it says that "if possible try to avoid travel"
i am really confused. My friend say that its not a bigdeal but kindly any one help me..
Thanks
Click to expand...

What if you travel and while you are travelling your case is return to you or to your attorney without generating the receipt (due to some small mistake in the application)? In this case USCIS does not cash the check and simply return your folder with the case.

You must be in US to rectify the situation and to be able to file corrected case before Aug 17th.

The safest scenario (from my point of view) is to wait until your check is cashed by USCIS.
 
Travel

Dont day dream please! USCIS is not sending anyhting anytime soon (i.e. before aug 17) that will give you time to rectify.

This is the single chance given out (by mistake and they are already paying for it) by USCIS. Agency is finding every single, most crapy reason to reject the petition and they will make sure you dont get enough time to correct the deficiency.

1) Dont travel at all untill AP in hand --BEST
2) At least ensure I-185 is received by them before travel on H1B stamp or AP

Hope this helps. I can feel the angish that one has in regards to travel given current imigration situation
 
Hi,
My 485 was filed last year 2006 I have the receipt and AP. I havent been to home country in 6 years with many visa changes from J1. Now my H1B is Expiring Aug end as my funding ends. I have approved I 140 But since it was EB1 no employer sponsoship. My question is can I travel on AP now, with filed I 485. My passport has no visa stampings except original J1
Thanks
 
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