Travel without AP ?? Need HELP !!!

S

seanseansean

New Member
I am currently in my second H1. I have my second H1's approval notice. My wife has has her H4 approval notice.(old H1 expired Sept 2002). My I-140 has been approved and planning to file I-485 in TSC this week.

My wife needs to travel within the next couple of weeks for non-emergency purposes. Will she be able to file her I-485 and get her reciept notice and travel with only the reciept notice ?

Even if she doesn't recieve the reciept notice, can I mail it to her to India and can she travel back to US with it after 2 months ?
( Assuming AP takes atleast 3 months in TSC)



:confused:
 
If you have a valid H1 or H4 multiple entry visa .. you are good to go and come back in to the country.
With just the receipts of 485 or AP...no one would let you back in to the country.
You should have a valid approved AP in your hand while coming back.
If in case your AP is approved and you have some one out here who can post you the AP to India and if you have enough time assuming that you get your AP with in the time you get back...yo might want to take a chance.
Normally once the AP is approved it would take atleast 2 to 3 weeks for you to get the AP in to your hands.
 
I am currently in my second H1. I have my second H1's approval notice. My wife has her H4 approval notice.(old H1 expired Sept 2002). My I-140 has been approved and planning to file I-485 in TSC this week.
---- -----You and your wife should file I-485, EAD, and AP ASAP

My wife needs to travel within the next couple of weeks for non-emergency purposes. Will she be able to file her I-485 and get her receipt notice and travel with only the receipt notice?
----- ------Once your wife file her I-485 with you she will get I-485 receipts for AP, EAD and actual EAD, AP will take longer time to get, she can travel with I-485 receipt but when she wants to enter US she needs actual AP or H4 visa stamped in her passport (one can have I-485 pending and still can get H4 visa if the primary applicant is not using EAD) her I-485 should reach BCIS/INS before her departute from US becase AOS can only be filed if one is in US

Even if she doesn't receive the receipt notice, can I mail it to her to India and can she travel back to US with it after 2 months?
(Assuming AP takes at least 3 months in TSC)
------ ----I-485 filing receipt you can mail it, but I-485 receipt is not for travel to US. She should get AP in hand in US before her departure to India.

Other option for her is that she can still get H4 visa stamped in India if you are still on H1b then she can enter on H4 Visa, even if she applied for AP and did not receive before her departure to India.
I hope your wife had previous H4 stamped in her passport from India, if that is the case send your h1B approval, your employer letter, recent pay stubs, all the pages of your passport including blank pages, copy of I-129 petition with LCA (that was sent by your lawyer or HR for your H1b extension to BCIS/INS, better get this certified by lawyer) she can use the drop box facility if she had previous H4 stamped in her passport and can get her PP stamped same day
She has her new I-94 attached with her H4 extension and also expired I-94 in passport, she should staple both the I-94 and give it to airline counter before her departure to India.


If you have time send your and your spouse Passport for Visa revalidation in US it will take 80-90 days to get your passport stamped with H1b and H4 visa sticker
 
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Thanks for the response.

Just one more question.........
How many days/weeks does it take to get the I-485 reciept notice in TSC ? Is it 4-6 weeks ??? or 4-5 days ????
 
Guys,
I thought you should have AP approved before you leave the
country (i.e if your h1 has reached 6 years and one is planning
to come back on AP).

My wife wanted to go to india and as per the info from various
forums and lawyer her trip was postponed.

also, shiela murthy in her weekly newsletter while talking
about reentry permit writes

"Unlike the advance parole, which requires that the person stay in the U.S. until it is adjudicated, a person who files for a reentry permit does not need to remain in the U.S. once the application for the permit is filed."

but in this form, there is no mention about it.
what are your thoughts?

regards,
VG
 
'Unlike the advance parole, which requires that the person stay in the U.S. until it is adjudicated, a person who files for a reentry permit does not need to remain in the U.S. once the application for the permit is filed."

Pretty obvious isn't it? Re-entry permit is for GC holders who plan to go out of the country for a long duration. They can leave and come back as they wish within 6 months(or is it one year?). They can leave after filing for the re-entry permit and in the case that it is denied, they can come back before the 6 month duration. You leave the country after an I-485 without AP, you will be considered to abandon the adjustment application(except for H and L visas), and can only come back as a non-immigrant. If you have H or L visa, you can travel freely without AP and not do any damage to your adjustment
 
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