innovative
Registered Users (C)
I did a concurrent filing of 140 and 485 under EB2. Is it possible to travel outside the country on H1-B without having received the official I-485 receipt?
Please advise.
Please advise.
- Home
- Forums
- Immigrant Visas (Green Cards)
- I-485 Issues
- I-485 Issues Common to All Services Centers
- General I-485 and Related Issues
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Travel without I-485 Receipt
- Thread starter innovative
- Start date
hyd_uthere
Registered Users (C)
I don't think you can travel without the receipt.
You don't need any receipt because a receipt wont do you any good. You should apply for Advance Parole (I-131) permission to travel. Usually H and L visa don't need Advance Parole because the doctrine of "dual Intent" dosen't apply to them but some CBP officers may cause you some problems when you try to re-enter if they know you applied for adjustment of status without getting advance parole.
In short if you don't have advance parole and travel only with you H you better off not mentioning that you applied for Adjustment and just show you H vise.
In short if you don't have advance parole and travel only with you H you better off not mentioning that you applied for Adjustment and just show you H vise.
Jackolantern
Registered Users (C)
eb2hope, having the I-485 receipt is for a different reason. You are supposed to be inside the US on the date of filing the I-485. Until you see the receipt, you don't know for sure when they considered it to be filed. It is not really about actually having the receipt in one's possession; it is about knowing what date is on the receipt.
So if you do something like send it in on the 10th, travel on the 15th, then come back on the 30th and see the receipt date as the 16th, USCIS may deny the I-485 because you were out of the country on what they think is the filing date (the 16th).
Of course, you actually were in the country when USCIS received it and you have the Fedex tracking receipt to prove it, and you probably will eventually win the appeal or motion to reopen because of that proof, but that's going to cost you $$$ in lawyer fees and several extra months of waiting (or years if retrogression sets in while you appeal or reopen).
What some people do is see if the check has been cashed. Once it has been cashed, they figure the USCIS must have punched in the I-485 application into the system and already deemed it as having been filed. Often the canceled check will have the I-485 receipt number on it, so they can use that to check the status online.
So if you do something like send it in on the 10th, travel on the 15th, then come back on the 30th and see the receipt date as the 16th, USCIS may deny the I-485 because you were out of the country on what they think is the filing date (the 16th).
Of course, you actually were in the country when USCIS received it and you have the Fedex tracking receipt to prove it, and you probably will eventually win the appeal or motion to reopen because of that proof, but that's going to cost you $$$ in lawyer fees and several extra months of waiting (or years if retrogression sets in while you appeal or reopen).
What some people do is see if the check has been cashed. Once it has been cashed, they figure the USCIS must have punched in the I-485 application into the system and already deemed it as having been filed. Often the canceled check will have the I-485 receipt number on it, so they can use that to check the status online.
Last edited by a moderator:
Hi, in USCIS's updates on their website, they say that they will base the receipt date on when the day the mailroom receives your application. Does that mean that even if you travel without yet receiving your receipt notice you're ok?
Thanks!
"USCIS will honor the actual date that an application was received in our mailroom; this date will be indicated on the receipt (in the Received Date box) when Form I-797, Notice of Action, is mailed."
Thanks!
"USCIS will honor the actual date that an application was received in our mailroom; this date will be indicated on the receipt (in the Received Date box) when Form I-797, Notice of Action, is mailed."