Travel to India while I485 pending

G

gch2001

Registered Users (C)
Hi gurus,

I am new on 485 forum so pardon me if I am asking a question which has been asked earlier.
I applied for I485/EAD/AP last month and will be travelling to India early next year. My H1 and my wife\'s H4 (and stamps on passports) are still valid. Do we have to declare at the port of entry while coming back that our 485 is pending (and show AP) or we could simply travel with H1/H4 stamps ?

tia
gch2001
 
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You can do either. If you come back on AP then you are considered paroled into the US. Thus you do not have non immigrant status after that. You will have to start using your EAD to work.
 
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Hello

My personal suggestion would be to stick to H1B and H4 visas.

Please do understand that when one starts using EAD, they have to travel only on AP. If your wife is not currently working, and have not started using EAD, she can enter with her H4 visa. If you haven\'t started using your EAD and have a valid H1B visa, you may enter with that.

The previous posting by 485/Waiter has a vaild point that you may start using AP. Your and yours status will change and have to start to use EAD after entering in U.S. right from day-one.

Try to stay on H1 and/or H4 as long as you can.

Good Luck.

"a.k.a. ...Travel While on Adjustment of Status..."
 
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Thanks 485/Waiter and beamboy for your valuable comments.
But does this mean that on the port of entry (while coming back to the US), we don\'t have to declare that our AOS application is pending.
 
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Great Question, GCH2001.

Answer to your question is YES.

Don\'t even "suggest" that you have applied for AOS. The Immigration Officer "doesn\'t care" and won\'t ask anything related to your application.

"a.k.a. ...Be Calm, Collected, Yourself..."
 
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