Travel on I-485 (F1/H1)

R

raka2000

New Member
This is the first time I am on this forum so please forgive me for mistakes and provide suggestions to improve.


Currently I am on H1 and my wife is on F1 and we applied for I-485 in September. We were planning an international trip during December and were wondering if there could be some issues/concerns.

One of my friend told me that being on H1 I can travel but my wife being on F1 cannot travel. I am confused and would appreciate any suggestions/advice.

Thx.
 
raka2000 said:
This is the first time I am on this forum so please forgive me for mistakes and provide suggestions to improve.


Currently I am on H1 and my wife is on F1 and we applied for I-485 in September. We were planning an international trip during December and were wondering if there could be some issues/concerns.

One of my friend told me that being on H1 I can travel but my wife being on F1 cannot travel. I am confused and would appreciate any suggestions/advice.

Thx.
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In your wife's case She needs an AP to travel. This is because once you apply for the I-485 she lost non-immigrant intent. So cannot use a non-immigrant visa to enter US. Or else She can enter on H4 if she has/gets valid H4 stamping.
 
I agree that your wife definitely needs an AP. The chance of her getting an F-1 reentry visa is quite slim, since applying for a 485 is a violation of the non-immigration intent of an F-1 visa. AP will also be a good backup for yourself, in case your H-1 reentry visa is denied at the embassy for some reason.

However, if you haven't applied for AP yet, it would be too late at this time, because it will take a couple of months to get approvals.
 
raka2000 said:
Thanks guys.. that was very helpful.

Unfortunately I have to cancel my travel plan now :(
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Still I would suggest apply advance parole for both of you.
 
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