Travel without AP while pending I-485 ?

[A Singh]

Hi all,

I hold an H-1 visa (stamped on my passport) which is valid till 2002. My wife is on H-1 status (she doesn\'t have H-1 Visa stamp on her passport). We are not applying for advance parole. Can we travel outside the US while our I-485 is pending? Also during this time can my wife get her H-1 stamped on her passport without any complications? Do we need to apply for AP?

Thanks in advance.

 

[Dimpu]

No Title

According to my lawyer, you can travel outside and RETURN to the US on valid H1 visa.

But it is not "advisable" to leave the country as this would appear to be deserting the AOS. Don\'t do it unless it is an emergency !!

 

[spancha]

No Title

As long as you have a valid visa stamped in your passport, you can safely travel outside the US and return during the 485 process.

In your particular case, the only complication would be that your wife does not have the H1 visa stamped in her passport - she would need to go to the consulate in the country you visit to get her H1 stamped - there really should be no problem with that if she has all the relevant documents, because it is established that \'dual intent\' is allowed in a H1 visa application. However, if you want to be very conservative and careful, you may not want to take the chance of a possible rejection at the overseas consulate, which could endanger your wife\'s ability to return to the US.

The safer course - apply for, and obtain an AP before traveling.

Disclaimer - I am not a lawyer - so don\'t rely on this - check with your lawyer.