Traveling abroad during GC process

nagasng

Registered Users (C)
Both my I-140 and I-485 (concurrent filing) are pending at TSC. I have H-1b visa (both I-797A and visa stamp on the passport) is valid until Sept 30, 2005. I am planning to travel to India. While re-entering to US, can I use my H-1b status or should I need to apply for advance parole?. If I use my H-1b will it have any negative effect on my pending I-140 and I-485?
Sincerely
-Nagsng
 
nagasng,

If you are currently using H1 and have not used EAD, then you can travel on H1. There is no requirement for having valid AP. Make sure you have H1 stamped on your passport for travel.

Thanks,
-Honeybee
:)

---------------------------------
I am not a lawyer. Use this info
at your own risk.
 
honybee,
Thanks for the information. I have been maintaining
the H-1B status. The visa (stamped on the passport)
is valied till Sept 30, 2005.
Thanks again
 
nagasng
As long as you are on H1B (not used ur EAD) you can travel with it and re-enter. My 485 is pending and i just came back from india 2 days ago and i just used my valid H1B to re-enter .
You should be fine .
 
Hi gczigma,
Thanks for the information. What documents did you
show to the INS officer at the port of entry? Do we
need to show our "original" I-485 reciept notice too?
Some thing like this I read in immihelp.com
Thanks

Also Thanks you 'Applied_For_485' for the web-link.
it is very informative.
 
nagasng:
i just showed my passport(with HI stamping) and the officer didnt ask anything more .He was very nice. :)
But i did have with me all other documents related to GC and
HIB just incase ..
you should be fine with you valid H1B stamping on ur passport..
 
From another lawyer site.

Looks like you need to carry the I485 Receipt also, eventhough you travel using H1/L1.

Q. Can I travel after I file the AOS?

Yes. There are two ways to travel. You can apply to BCIS for Advance Parole or you can travel with a valid H-1B or L-1 visa as long as you have certain documents upon your return to the U.S.


a) Advance Parole. To obtain Advance Parole, you must file Form I-131 Application for Advance Parole with BCIS at the same time or after filing your AOS (BCIS Form I-485) application. This travel document must be issued prior to your departure from the U.S. and it must be presented at the port of entry along with your passport.


b) H-1B or L-1 Nonimmigrant Visa. You may also travel pursuant to your H-1B or L-1 status if you have the following upon entry to the U.S.: (1) a valid H-1B or L-1 visa stamp in your passport (unless Canadian and visa exempt) (2) an original H-1B or L-1 approval notice (unless you applied for admission on the basis of a blanket L-1 and have not since filed an extension) and (3) an original AOS receipt notice. In addition, you must also intend to continue to work for the same H or L employer upon your entry to the U.S. If your dependents are traveling, please note that in addition to the three items, they must also have a copy of your H or L visa petition approval notice as well as any BCIS H-4 or L-2 approval notices they received. Furthermore, if they plan to use the H-4/L-2 classifications, you must remain on H-1B/L-1 classification. If you use an advance parole, they cannot use the derivative nonimmigrant visa classifications and must use advance paroles.


It is important to note that it is currently taking BCIS several weeks to issue I-485 receipts. We understand that in light of the receipt processing time, it may be difficult to wait for the receipt notice before traveling. Please note, however, that the immigration regulations are very clear that if you enter the U.S. on an H or L visa without the AOS receipt, BCIS may deem your AOS application abandoned. This may require re-filing of your AOS application. Therefore, in light of the serious consequences, we recommend that you wait for the receipt before traveling.
 
Originally posted by prospeed
Just a point of clarification:
I agree with everyone but it got confusing after the press release from CIS on March 25th 2004.

http://uscis.gov/graphics/publicaffairs/newsrels/TravAdvisory3_24_04.pdf

Any AILA LAWYER has clarified this yet ?.
Either they all think this is trivial and does not affect EB AOS, or they just not want to comment on this ?.

.USCIS has stated that H and L status holders continue to be in their valid status even after applying for AOS. It is not the case in all other non immigrant visa categories, these category applicants immediately become "adjustees". The press release is just a reminder and addresses only those other categories for which having AP and EAD are mandatory for travel and work respectively.
 
After reading Titan01's response few questions came to my mind...

What should one do if 485 receipt is lost in the mail? It is more than 2 months, I have not received 485 receipt. Attorney has given me case numbers from the back of the encashed checks.

While reenter on H1...Is there any other document which can be shown as a proof of 485 case in pending? It has to be original receipt numbers??

Also do we have to tell the US immi officer about the AOS/ I 485 when you re enter US on valid H1?

-Thanks in advance
 
Hi All,
I am also planning to travel to India with my 140/485 pending. THe only problem is that i need to get my passport stamped at an american consulate in India. Is that ok or will that be a problem. SInce they always ask how long you intend to be in the US at the time of H1 stamping ..what should I say..Just 2 years or should i say my GC is pending.
 
charliesangel

If I were you I would get the AP and go to your country. Instead of trying to stamp H1 in the embassy. This eliminates unnecessary confusion. Also by using AP you are not giving up your H1 status. So when you come back to US the I94 would be for a year but it doesnt matter because your H1 (Notice of action) has more validity.
 
GCJaisaKoiNahi

The safe for persons who travel with H1 and pending AOS would be to have the receipt also. If I were in your shoes I would wait for AP.
 
THANKS Applied_For_485

Applied_For_485, thanks for the link. It really answers every question I have regarding travel overseas during 140/485 pending.
 
Hello All,
Thank you very much for your help. I have traveled to Inida
and came back. The immigration officials at port of entry
did not ask any questions about my pending I-140&485.
He just checked form 797, I-129 etc. and asked some
questions about my company. However I did carry original
receipt notices of my I-140&485.
Sincerely
-nagasng
 
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