Traveling with I-485 pending

B

Bashaar Ahmed

New Member
Can some one please tell me for how long can a person travel (be outside US for continous duration of time) with I-485 approval pending. Does this duration differ if one is travelling on an H4 visa or advance parole? The primary applicant of I-485 will continue to stay in US but the dependents have to travel for an extended period.
Quick responses will be highly appreciated.
Thanks
 
No Title

Hello Bashaar,

The case is like this, if you have EAD but do not USE it AND you have valid H1 then your dependents can travel on H4 without any problem and can remain outside US.

But if you USE EAD, then you rH1 is invalid. There is a thread going on at this iste which is talking about this.

Question for you,
1. How long is your H1 valid?
2. Are you going to USE EAD once you obtain it?
 
No Title

Thanks a lot for replying. I have my H1 valid for another 2 years and my wife has H4 for the same duration. Neither of us plan to use EAD or the AP for another year or so. But my wife has to leave US and stay out for nearly a year. But she plans to visit once in between and I plan to travel to her once too. Some legal counsel told me she cannot stay outside the US for more than a month after she has applied for I-485 even if she is not using AP. I wanted to know if it\'s true. Please help. Thanks
 
No Title

I think that is wrong. EvenAP is valid for 6 months or in some cases 12 months. You need talk to your attorney or a different one.

I am not an attorney but I can tell you that this sounds absurd. People have filed 485 then got married. There is one thing you need to do

Make sure your wife is back before 485 is approved. Her h4 becomes invalid moment 485 is approved. To avoid this, your wife needs to be back and go out on AP. Apply for AP now and keep it ready.

Any way, she has to do her FP. How you are going to do that?

ma salam/
 
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