Travelling after applying I485

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vultures

New Member
Hi...I am planning to file my I485 in July and I have plans to leave for India in august for a month. My question is, can I leave US after applying I485 and before getting the I485 receipt notice(not approval notice). I have a valid H1B visa for another year. So I am thinking I can re-enter US in september with a valid H1B.

Thanks in advance for any help...
 
Hi
As per my lawyer its not advised to travel while ur 485 is pending.He says if 485 approved while u r out of country it will be a problem.So check with ur lawyer


vultures said:
Hi...I am planning to file my I485 in July and I have plans to leave for India in august for a month. My question is, can I leave US after applying I485 and before getting the I485 receipt notice(not approval notice). I have a valid H1B visa for another year. So I am thinking I can re-enter US in september with a valid H1B.

Thanks in advance for any help...
Click to expand...
 
LOL at Real canadian....

This might help you.....I traveled this year (Feb-Mar) on a pending 485 (with a valid H1B) and returned without being beheaded at the customs...smooth as a whistle....so hopefully that clears your fears.

I did have my AP and EAD ready with me in case.....but they did not even so much as ask if I had a 485 pending or what papers I was carrying. So I guess its okay to be apprehensive about such things but I think we make too much of these rules at times. Also in case your 485 does get approved ( even though you have a better chance of winning the hand of Angelina Jolie in marriage that getting a GC this year) you can always use an AP to re-enter.

What I have read and this was told to me by my lawyer that you should NOT schedule travel between the time you FILE 485 and the time you get the RECIEPT of filing as that can be construed as abandonment of application....dont know how much of that is true though....
 
kulbikr said:
What I have read and this was told to me by my lawyer that you should NOT schedule travel between the time you FILE 485 and the time you get the RECIEPT of filing as that can be construed as abandonment of application....dont know how much of that is true though....
Click to expand...

Very little. It's another one of those things that gets repeated enough so that dim-witted attorneys accept it as fact.

You should ensure that you are physically present in the United States on the day the I-485 is received, and since you can't predict that to the day, the safest course of action is to wait until you have the receipt. But then again, you know what I say about minimizing risk...

Immigration is a matter of weighing risks versus benefits, and determining how much risk you wish to should versus the benefits. I don't seek out risk, but there are times when the payoff is worth out. Each of you needs to decide that based on your own tolerance for risk.
 
You left U.S without the I-485 receipt notice?

kulbikr said:
LOL at Real canadian....

This might help you.....I traveled this year (Feb-Mar) on a pending 485 (with a valid H1B) and returned without being beheaded at the customs...smooth as a whistle....so hopefully that clears your fears.

I did have my AP and EAD ready with me in case.....but they did not even so much as ask if I had a 485 pending or what papers I was carrying. So I guess its okay to be apprehensive about such things but I think we make too much of these rules at times. Also in case your 485 does get approved ( even though you have a better chance of winning the hand of Angelina Jolie in marriage that getting a GC this year) you can always use an AP to re-enter.

What I have read and this was told to me by my lawyer that you should NOT schedule travel between the time you FILE 485 and the time you get the RECIEPT of filing as that can be construed as abandonment of application....dont know how much of that is true though....
Click to expand...

Kulbikr,

Did you leave U.S while I-485 was pending, with valid H1b but without the I-485 receipt notice?
At the port of entry the officer didn't ask you about I-485 that was pending? you showed only valid H1b and that was all?
Please share your experience as I'm in the same boat.
Thank you.

I asked 2 lawyers so far( I asked also about the I-485 receipt notice), see what they wrote:

......1st lawyer:
In terms of travel, you are correct that you can travel as long as you have a current visa. The issue with the green card petitions is primarily if you leave the country for a prolonged period of time. And, you can wait and do the I-131 advance parole petition after you return if you want. I would go ahead at least with the 485 and 765.

....2nd lawyer:

As valid H status workers, can leave after filing of I-485, without having the I-485 be deemed abandoned.

-make sure your H-1/H-4 visa is still valid
-bring a letter from the employer stating the position is still available upon your return to the U.S.
-bring some current paystubs to show that in fact you were working and getting paid.
 
GC_Europe said:
At the port of entry the officer didn't ask you about I-485 that was pending? you showed only valid H1b and that was all?
Click to expand...

I first left and re-entered the US before my I-485 receipt was generated, and later I travelled numerous times while the I-485 was pending. I was *never* asked about it at the POE.
 
Thank you TheRealCanadian

TheRealCanadian said:
I first left and re-entered the US before my I-485 receipt was generated, and later I travelled numerous times while the I-485 was pending. I was *never* asked about it at the POE.
Click to expand...

Thank you again TheRealCanadian,

If I plan to go to Europe on 21st July and coming back on August 15th....I'm pretty sure my I-485 receipt notice will not arrive in this period( I will apply for I-485 in the 1st week of July) and because there will be so many many applications in July, there are big chances for my receipt to come after at least 1 month( so big chances for my receipt to come after I re-entered U.S)......what do you say about this feeling?

Thank you again for your valueable inputs.
 
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