Travel with I 485, AP filed....!!

L

late_twenties

Registered Users (C)
:confused: I have filed my I 140 and I 485 in August 2007. Also filed AP and EAD along with it. Just like others now I am waiting for the receipts and the rest.....
I am planning to attend my sister's wedding in January 2008 back home(India).
My 6th year H-1B expires july 31 2008.
I dont have the visa stamped on my passport.
what should be the best step?
Shall I go for a passport stamping in Canada, or wait for the AP to approve?
If I go for passport stamping in Canada, and then leave for India, then AP gets approved, there wouldnt be a problem, would it?

thanks in advance for your kind guidance.......
 
I don't know about India.. but Canada will need 8-12 weeks lead time to get an appointment. I bet, India's US Consulate will be more or less the same.
So, if you leave US without an AP or vaild VISA Stamp, you will need to get it either way in order for you to return. So, you will need to calculate your time wisely to avoid any hold back.

Good luck.
 
correct, but the whole AP along with visa stamping wont be a problem right?
If my AP gets approved while I am in India, can I get back here on my stamped visa, or I have to show AP to re enter?
 
Hi,
If you leave US before you get your AP approved then the application for AP is deemed invalid/abandoned . It does not matter if AP gets approved when you are in India - it is still invalid since you travelled out of the country befoer you got the approval. So you will not be able to use AP - if it gets approved when you are in India. You will have to get Visa stamped in your passport to re-enter US. Getting H1-B stamp when you filed your I-485 should not be a problem since H1-B is a dual intent visa.
 
thanks for the info.
So the invalid AP will cause no harm to the application of EAD, and I 485, right? I mean, all I am risking is AP getting dumped because of travel, can I apply for it later when I come back on stamped visa? Or if I dont have to travel for while, not apply at all for AP?
 
AP won't have any impact on I-485. Basically AP and EAD are I-485 ancillaries ... so you understand...

If you want to travel now, you need to get the H-1B visa revalidated from a consulate either in India or Canada. I got it stamped fom India (May 2007) and there were no issues.
 
Wait and see...

By Dec'07 you should receive AP. If you do then you can use AP to enter US and still you will be on H1-B status. Otherwise, you have to get H1B stamp.

late_twenties said:
:confused: I have filed my I 140 and I 485 in August 2007. Also filed AP and EAD along with it. Just like others now I am waiting for the receipts and the rest.....
I am planning to attend my sister's wedding in January 2008 back home(India).
My 6th year H-1B expires july 31 2008.
I dont have the visa stamped on my passport.
what should be the best step?
Shall I go for a passport stamping in Canada, or wait for the AP to approve?
If I go for passport stamping in Canada, and then leave for India, then AP gets approved, there wouldnt be a problem, would it?

thanks in advance for your kind guidance.......
Click to expand...
 
many thanks to you folks....
Now I will try to make an appointment as late in december as possible, so I can wait for AP. If it doesnt come, then I will go for stamping.
I appreicate.....
 
Hello twenties,
I am pasting an email I recieved from our company Immigration Dept. abt travelling after applying for 485. It goes like this -

"Please also note that you, and/or any of your family members applying with you, should NOT undertake international travel until either:

1) The original I-485 receipt notice(s) is in hand to show along with your valid H stamp(s);
OR
2) The original AP travel document arrives from the USCIS.
IF YOU TRAVEL WITHOUT HAVING ONE OF THE ABOVE DOCUMENTS IN HAND BEFORE YOU LEAVE THE UNITED STATES, THERE IS A RISK THAT YOUR I-485 WILL BE DENIED. "

Hope this helps....



late_twenties said:
many thanks to you folks....
Now I will try to make an appointment as late in december as possible, so I can wait for AP. If it doesnt come, then I will go for stamping.
I appreicate.....
Click to expand...
 
I appreciate the reminder. I will definitely make sure that either the original receipt or the original AP document is with me, before travel.
many thanks..... :)
 
I have another question.
If I receive the AP before travel, and leave without a H1B stamp, do I need transit visa at amsterdam, Holland? I dont have a stamped visa on my passport. I was planning to get one, but if AP gets approved, why need one?
I have heard that travelling of AP, will not let me travel through Amsterdam, without a transit visa.... is this true?
Also if I travel on AP, does that put me out of H1b status?

I appreciate the inputs.....
 
I could have, but never travelled on AP. I would contact the airline and ask about transit visa requirements while travelling on advanced parole.
 
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