Travel to India

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mdross2

New Member
Hi All

I have a query, Maybe some of the experts here can help me out.

First the details

Like many others we ( I and my wife) applied for 485 this July. We have got the receipts and have done the fingerprinting.
Last month we applied for our EAD and AP . We have got the EAD cards but our AP is still pending. ( Me and my wife haven't used our EAD cards yet)
My status is H-1 and her status is H-4 . We have a valid H-1/H-4 till August 2008 (Visa also stamped in the passport till Aug 2008)

Question 1. We need to travel to India in December this year.As far as we know when we come back we will be entering the country based on our H-1/H-4 status and don’t need to wait for AP to be approved. Correct ?

Question 2. Are we all set or do we need any other documents for travel ?

Question 3. What all documents should we carry with us for travel ?

Question 4 .What do we need to show at the port of Entry ? Just the H-1/H-4 visas stamped in the passport , correct ? Do we need to explicitly tell the officer that our I-485 is pending ? If yes , what do we need to tell the officer - so that we enter back on the H-1/H-4 status and our 485 application is not considered abandoned ?

Thanks
 
mdross2 said:
Question 1. We need to travel to India in December this year.As far as we know when we come back we will be entering the country based on our H-1/H-4 status and don’t need to wait for AP to be approved. Correct ?
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Yes, you can enter using your respective H visas. However, if you leave before AP approval, it would be deemed abandoned. No big deal, just that you'd have to re-file in case you want to use it in future.

Question 2. Are we all set or do we need any other documents for travel ?
Question 3. What all documents should we carry with us for travel ?
Click to expand...
Though not required by law, always carry all immigration papers (all I797s) just in case.
Question 4 .What do we need to show at the port of Entry ? Just the H-1/H-4 visas stamped in the passport , correct ? Do we need to explicitly tell the officer that our I-485 is pending ? If yes , what do we need to tell the officer - so that we enter back on the H-1/H-4 status and our 485 application is not considered abandoned ?
Click to expand...

Ideally, CBP officer shouldn't ask for anything related to AOS. He should look at your H stamps and let you in. However, if he does ask, let him know that your AOS is pending. Again, not required by law, but if he asks, show him the I485 receipts (the rule has just changed regarding i485 receipt and its possible that the officer is not aware of it and may ask for i485 receipt notice. So just to avoid unnecessary anxious moments at customs after a long tiring journey, keep the docs with you). Irrespective of AOS, he should let you enter on H status.
 
Last edited by a moderator:
lprkhoj said:
Yes, you can enter using your respective H visas. However, if you leave before AP approval, it would be deemed abandoned. No big deal, just that you'd have to re-file in case you want to use it in future.
Click to expand...

You mean the AP will be deemed abandoned Correct ?
 
Hello guru's,

On the same lines, my wife and I have applied for AP (along with 485 and EAD) during the month of Aug and are planning for out of country trip during the end of December and beginning of Jan. Although I am planning to visit the US consulate in India for my H1 visa stamping, my wife cannot return on H4. Since she was on F1. So the only option is for her to us the EAD and AP.

Do you think we should receive the AP before the end of December. Again our RD for the AP is 08/09/07.

Any comments are greatly appreciated.

Thank you,
 
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