Travel Issue

G

garu1gsr

Registered Users (C)
We filed for my 485 at CSC in Sept \'01and for my spouse in Apr \'02.
My wife had to travel to India, and will be in India till Aug 11th, 2002.
She has applied for Travel document too, but it was not approved at
the time of departure and she will be using her H4 to return back.

The question is:
During her stay in India, if my GC gets approved(chances are very high
as CSC is processing cases received in early september), it will turn
my H1B invalid and inturn her H4. Will she be able to enter US ?
If yes how ? If she gets her travel document approved, will she be
able to use it to enter US ?

TIA
gsr
 
it is tough

If she gets her advanced parole I think she can enter using that, but she cannot use her H4 after gc approval as it would become invalid at that time. Also they will not approve her AP once gc has been approved.
You should talk to a lawyer
 
why would they not approve AP ?

Since her GC is not yet approved, she should be able to
get her AP. What if she was in the US and had to travel
out the country ?
 
No Title

They would approve it normally. I hope they do.
I am just giving u the worst case situation so that u have a plan for that in case that happens.
when your case goes to the officer and he is ready to approve u\'r 485 then he wont\' approve ap.
Also u can try getting ap from local office explanining u\'r situation.
Contact u\'r lawyer and ask him about it.
Hope this helps
 
attorneys response

My attorney finally responded today - answers to my initial question.
But, they are not in sync with what attorney murthys response.

She would need to wait for the travel document to be approved before returning to the US. The H status no longer exists under those circumstances.

She can use her travel document to enter the US. WHen arriving she can show the INS inspector the I-485 approval at the airport and they can stamp her passport and admit her as a perm. resident.
 
My Experience

I was in the same situation couple of months ago. My wife had the AP approved after leaving US. My I-485 was approved and our H1 & H4 became invalid. She entered using the AP approved after her travel. Went thru the secondary inspection at the POE. No problems/no questions.

Hope this helps. Every case is different, check with your attorney.
 
Urgent travel issue...

I\'ve just (last month) applied for I-485 and am still working on H1-B. I am going to India next week for a month on H1-B visa. Do I need to carry my Original I-485 receipt and show it to Immigration officer while entering?? Is it a must?? B\'cos I just have the copy of I-485 receipt.

Help me....Thanks,
 
Travel Document is AP in my case

meanwhile when we are discussing about this ... my wife got an RFE for her AP...still waiting to see what the RFE is all about.
 
in line with attorney murthy

This is in line with what you pulled from attorney murthy\'s
site. My attorney knows bull.... I guess this should solve
all your problems. When we are discussing all this...my
wifes AP had an RFE still waiting to see what the RFE is
all about...I guess bad photographs.
 
so what is the impact of being outside US without AP, having valid H4? while 485 gets approved

So can someone commend on my issue in this light?

Family in India and Children do NOT have AP - GC might get approved - CSC RD Sept, 2001

My wife and Children have traveled to India in May, 2002. They are returning to the US on Sept 2002. For all of us, I-485 was filed in Aug RD is dated Sept, 2001. My Lawyar has NOT filed advance parole for my children (they have filed I-131 for my wife) and so Authorization for Parole of Alien is NOT available for my children.

The current H4 Visas for the family are valid until Jan 2003.

Here are my concerns:

1. It is highly likely that our approval will come through while my family is in India. In such a case, is my H1 valid to enable my family to enter the US on the H4 which is dependant on my H1?

2. What is the impact of my children NOT having approved Advance Parole? Can they come in on H4- with \'deferred inspection\'.
 
Family in India and Children do NOT have AP - GC might get approved - CSC RD Sept, 2001

My wife and Children have traveled to India in May, 2002. They are returning to the US on Sept 2002. For all of us, I-485 was filed in Aug RD is dated Sept, 2001.

My Lawyar has NOT filed advance parole for my children (they have filed I-131 for my wife) and so Authorization for Parole of Alien is NOT available for my children.

The current H4 Visas for the family are valid until Jan 2003.

Here are my concerns:

1. It is highly likely that our approval will come through while my family is in India. In such a case, is my H1 valid to enable my family to enter the US on the H4 which is dependant on my H1?

2. What is the impact of my children NOT having approved Advance Parole?

3. Can I file I-131 for my children while the children are in India?. I have copies of their previous I-94, INS standard photographs and all the rest of the reqd docs.

4. Is it advisable that I stamp the GC on my passport, as soon as the I-485 is approved or wait until my family arrives. What is the \'normal\' time within which Passport need to be GC stamped after I receive the approval?
 
Not needed

I travelled out of US in march and came back in april this year while my 485 is applied in last year. I just showed my new 797 form and got the I-94 with the new 797 date. Make sure if your visa is old and you got new h1 extension, get the new date on your I-94 instead of the visa expiration date.
 
Thank a lot for the article

QMKWWTG,
Thank a lot for the article. I am reqesting my wife to carry a copy of this article when they travel back. I think it is \'reasonably\' clear that my children (without AP) can come into the US using their H4, on a defered inspection bsis - even if the I-485 gets approved. H1, H4s are valid (as I am working with the same employer) for entry (on defered inspection)into the US even after the I-485 is approved.
 
h1b and gc approval

A friend of mine recently got his passport stamped with his GC,
but they did not mark his H1B visa cancelled...but this does not
mean that H1B is still valid. I am still waiting to hear back
from my attorney...left couple of messages and emails and no
response. This is the first time my attorney is behaving like
this in last four and half years.
 
Thanks, QMKWWTG .

BTW, Can you provide info on how to access the discussion that is going on murthy\'s discussion forum.
 
You must log in or register to reply here.
Top