Traveling to renew H1B while applying for GC

[jofile]

My spouse just received approval for renewal of H1B visa, and will be travelling abroad in a couple days, and will obtain the new visa while abroad. We think we have all the paperwork ready for the GC application before she leaves, but now we have two questions:

1 - The H1B approval status means that she does not need advance parole, right? It won't cause the GC application to be abandoned?

2 - Once she gets the renewed visa it will be different (different number, and new I-94 arrival card) than the visa information included in the I-485. Will this be a problem?

Basically, I'm wondering should we delay sending the GC application until she gets back from her trip?

Thanks!

 

[TheRealCanadian]

1 - The H1B approval status means that she does not need advance parole, right? It won't cause the GC application to be abandoned?

She should be fine, but what happens if she cannot get the visa?

Once she gets the renewed visa it will be different (different number, and new I-94 arrival card) than the visa information included in the I-485. Will this be a problem?

No.

Basically, I'm wondering should we delay sending the GC application until she gets back from her trip?

The only risk you run is not getting the stamp. Since it's a renewal I don't imagine it is a particularly big risk.

 

[Jackolantern]

Basically, I'm wondering should we delay sending the GC application until she gets back from her trip?

The I-485 must be filed when she's in the US (USCIS must receive it when she's in the US). So if she's traveling abroad in a couple of days, her I-485 filing should be delayed until after she returns to the US, otherwise she's risking denial if USCIS receives it when she's outside the US. Even if it's sent via overnight express mail or Fedex/UPS, there's no 100% guarantee it will arrive the next day; a snowstorm or some other unexpected circumstance can delay the delivery.

 

[zain sajjad]

please help..!

i came to states in 2004 and filed for asylum for on going situation in my country of birth. i was granted asylum in 2009 and got my gc in 2010. now its been 9 years since i havent traveled back to my birthplace, but my grand mother is really sick and i was told on the phone from uscis that i need re-entry permit if i want to travel back to the same country. i am planning to travel for 3 to four weeks. my case wasnt fake or anything infact the situation is still really bad in that country i can manage to live there for 3 to 4 weeks but thats about it.. i just want to see my grand mother before its too late. (please help with your comments).


My questions are... 1) is it ok to travel with re-entry permit?
2) what kind of questions will i be asked when i get back?
3) will there b a problem when go for citizenship?

 

[ananga73]

Nobody can answer your questions with any accuracy. It all depends on your peculiar asylum application situation, the immigration officer at the airport, the immigration officer who will review your citizenship application etc.

I would think that going back very briefly should not affect your reentry and citizenship application particularly since you're getting a reentry permit [Honestly I fail to see the need for the reentry permit though] however I do not know all the details of your asylum petition. Your petition may have implied that even staying one more week in your country could have lead to your death or jeopardized your life. A reasonable person [Immigration Officer] may ask Hmmm why is this person taking this risk going back if the place were that bad?

Use your judgment and whatever you decide to do, be prepared to live with the consequences.

i came to states in 2004 and filed for asylum for on going situation in my country of birth. i was granted asylum in 2009 and got my gc in 2010. now its been 9 years since i havent traveled back to my birthplace, but my grand mother is really sick and i was told on the phone from uscis that i need re-entry permit if i want to travel back to the same country. i am planning to travel for 3 to four weeks. my case wasnt fake or anything infact the situation is still really bad in that country i can manage to live there for 3 to 4 weeks but thats about it.. i just want to see my grand mother before its too late. (please help with your comments).


My questions are... 1) is it ok to travel with re-entry permit?
2) what kind of questions will i be asked when i get back?
3) will there b a problem when go for citizenship?

 

[Jackolantern]

i came to states in 2004 and filed for asylum for on going situation in my country of birth. i was granted asylum in 2009 and got my gc in 2010. now its been 9 years since i havent traveled back to my birthplace, but my grand mother is really sick and i was told on the phone from uscis that i need re-entry permit if i want to travel back to the same country. i am planning to travel for 3 to four weeks. my case wasnt fake or anything infact the situation is still really bad in that country i can manage to live there for 3 to 4 weeks but thats about it.. i just want to see my grand mother before its too late. (please help with your comments).


My questions are... 1) is it ok to travel with re-entry permit?
2) what kind of questions will i be asked when i get back?
3) will there b a problem when go for citizenship?

You have an entirely different situation. Please start your own separate thread.

 

[Jackolantern]

I would think that going back very briefly should not affect your reentry and citizenship application particularly since you're getting a reentry permit [Honestly I fail to see the need for the reentry permit though] ...

Many asylees and refugees use a reentry permit because they can't get a passport. The reentry permit is accepted by many countries in lieu of a passport. More countries accept the refugee travel document, but the RTD is only valid for 1 year whereas the reentry permit is valid for two years.