travel restrictions?

F

fimbria

Registered Users (C)
are there any travel restrictions after filing i-140?and during 7th yr extentions?will there be any problem?
 
No restrictions if you always been in status. If you filed under 245(i), don't travel.
Also, without AP you will have to get the stamp in the passport. There is always a chance that you will not get the stamp.
 
Hi Mero,

One of my friend filled under 245(i). I 140 approved and I 485 pending. He is planning to travel with AP. Do you think it is risky?


merovingian said:
No restrictions if you always been in status. If you filed under 245(i), don't travel.
Also, without AP you will have to get the stamp in the passport. There is always a chance that you will not get the stamp.
Click to expand...
 
I think it is risky, since 245(i) means out of status. Now it depends on how long he was out of status, but the 3/10 year ban might affect your friends travel. I would not travel, but I am no expert...
 
> One of my friend filled under 245(i). I 140 approved and I 485 pending.
> He is planning to travel with AP. Do you think it is risky?

High risk of catching a 3/10 year ban. While there is a difference between 'overstay of visa' (which could be a reason for 245i but doesn't automatically trigger a ban) and 'unlawful presence' (which triggers a ban), travelling with a 245i case is risky. But these are finer points, the POE officer is not the right person to argue them with.

If he ever worked while out of status, he should under no circumstances leave until he has his plastic card in hand.
 
whats 245i?my 6 yrs get completed 2007 may.my labour is filed once approved i will file i 140.my wife plans to travel in 2007 after 7th yr extension.is it safe?
 
245i was the last amnesty.

It applied to people who where illegally present on dec 21 2000 and had a labor cert or marriage filed before 4/30/2001. Immigrants who fulfill both conditions are able to adjust status even if they are presently illegal, worked without permission etc.

Some of these cases are are still in the pipeline. Many of the labor certs filed on 4/30/2001 (several hundred thousand, state labor offices had literally containers full of petitions on that day) took over 4 years to be approved. Right now they start to get into the adjustment phase and contribute to the scarcity of visa numbers.

And while in the case of successful 245i adjustment, all past misdeeds are forgiven, traveling before obtaining the green card can lead to a 10 year ban on re-entry into the US. If you never had illegal presence, all this discussion about the 3/10 year ban doesn't apply to you.
 
so you mean one can travel during the 7th yr extension safely.some say after you filed 485 then again there will be travel restrictions is it true?
 
Well, after you file an I485, you should obtain advance parole before you leave the country. If you have a 7th year extension, typically you would want to re-enter on your H1b visa so you are in H1b status. If you didn't have a 7th year extension, you would have to use the advance parole document to re-enter (which is not a big deal, but your admission status isn't non-immigrant anymore but rather 'parolee').
 
merovingian said:
No restrictions if you always been in status. If you filed under 245(i), don't travel.
Also, without AP you will have to get the stamp in the passport. There is always a chance that you will not get the stamp.
Click to expand...
Hi,
I had a question regarding travel. I came to this country as a visitor and changed to student did my Masters and found a job changed again to H1. Now I got a work permit and now Advance Parole now awaiting Permanaent Resident Status (Green Card). I was never out of status. My status was always overlapped with next status. Can I travel to India and return back safe? Please advise. Plan to visit India in May. Thanks in advance.
 
Can I travel to India and return back safe?
Click to expand...

If all your status changes went through without a hitch, you shouldn't have a problem. However, in the netherworld of overseas consulates, there is not telling whether you will get a visa without a problem.

The only sticking point could be a status change from B1 to F1. These days they frown on that. But it sounds like they gave you the status change, so I wouldn't expect trouble. Do you plan to return on H1b or using AP ? (if you enter on AP you are a 'parolee' which doesn't make a heck of a difference to 'non-immigrant' except if you ever get into trouble with the law)

One thing that can allways hit you are delays in the background checks at the consulates. I think it has gotten better, but 3-4 years ago friends from pakistan had to wait 3-4 months to get the checks through.
 
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Hi hadron,

Thank you for replying. Iam going to come back on AP as I did not go to India for my status change stamping (student, H1 or H1 extention). My passport has visitors stamping (expired). Do you think they might object as I changed my status these many times and din't go to India for stamping? Will they allow me back on AP or look at my passport and reject?
 
Thank you all :). Iam a little confident. My Lawyer said it won't be a problem, still wanted to get a second openion.
 
8th year H1-B extention

Hi,

Can someone share their experiences and thoughts of getting a Visa-stamp in India during an 8 year H1B extention. Will apreciate your thoughts and suggestions regarding the risks involved.

thanks !
 
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