Travelling before/after 485 approval - my experience

O

Oct2002_485

Registered Users (C)
Travelling before/after 485 approval - my experience
:cool:
I thought posting my experience will really help all the GC seekers to plan their vacation travel or emergency travel to outside of USA.

My 485 was approved on 8/2/04 (posted all details on 8/3 in this forum) in EB2 category when my wife and child were in India on vacation. I had to join them on 8/11 and return to US (all) on 9/7 this week. I've received approval letters (courtesy copy) on 8/6 and didnit know what to do. At certain point in time I planned to go for stamping. When I contacted my attorney about the confusion, they advised me to travel without stamping and with AP and tell the immigration officer (if asked about the approval) that I didnt know the approval and glad to hear.
When the d-day came, we all three came in the non-immigrant queue. The lady officer checked and asked us to go to another room with a file putting all our docs in it. There were lot people in that room waiting for their turn. After an hour another officer took our docs (PP, and AP), verified the AP and stapled the I94 for 1 year in the passport. It looks they didnt even know about the approval and my son already got his plastic card (8/22) while he was in India.
I know how much pain I went through on all this. So if you are in the same situation like me, take it easy and continue with your travel plans. Ofcourse take all the measures like getting transit visa, old I94, AP, valid passport, etc. During my return at all stops/checks we were asked to show the AP.

HOPE this will clear any questions on travel before/after approval.
:cool:
 
similar thing happened to me

I just came back to US yesterday at JFK, NY.
While i was gone my AOS got approved. I did not know about it,
so i went through the non-immigrants queue and then sent
to the other room, where i waited for 2.5 hours till i was called.
it took the officer 1 minute to check and stamp my advance parole.
Nothing mentioned about the approval.
I came home later in the night to find out that the approval was
sent out in sept 8.
so either their systems don't get updated about approvals or they
don't seem to mind.

my other impression was that they were really nice to people.
there were all sorts of problematic cases before me, even some
possible deferrals. the officers took some time, but at the end resolved
the cases and let people go. in one case, an old lady from india did not
have her paperwork with her. she had left it in india and they mentioned at
some point that they might defer her. at the end, they let her in with the
provision that she goes and shows her paperwork within 45 days.
so, to my surprise, they seemed really helpful and understanding!!
 
Guys ,
Thanks for sharing your experiences.I want to go to India and come back on H1B,which is stamped on my passport and valid.My wife will however use AP.My question is what will happen if 485 gets approved meanwhile?Is it ok that I am coming back on a non-immigrant visa(H1B) back when my 485 has already been approved.Please advise?Thanks and appreiate your help.
 
Hello to all of U.

If any of you have any Tax Question. You can post here. Our accounting firm has vast experience in dealing with Immigration related Tax Questions/Problems.

Even if you want to talk to us you can call me on my cell

We file All types of taxes for all 50 States

You can also ask question about New Corporation , Individual tax , Payroll , Pay stubs , Sales Tax , Partnership Tax, Corporation Tax

This is absolutely free service.


Tanveer Ahmad
Cell:718-974-2813
 
better check with a lawyer

gcbandwagon said:
Guys ,
Thanks for sharing your experiences.I want to go to India and come back on H1B,which is stamped on my passport and valid.My wife will however use AP.My question is what will happen if 485 gets approved meanwhile?Is it ok that I am coming back on a non-immigrant visa(H1B) back when my 485 has already been approved.Please advise?Thanks and appreiate your help.
Click to expand...

I would ask an immigration lawyer if i were you, or call the 800 number and
see what they say. The reason being that i was travelling on my F1 visa when my H1 got approved. I entered the US with my F1 not knowing that the H1 was approved and later run into trouble. They said i revoked my H1 by entering on F1 and HAD to go outside US to get an H1 stamp because of this. Otherwise, i could just stay in the US under H1 status without actually needing any stamp. Given this previous experience, i am always scared when traveling. As a matter of fact i was traveling on advance parole when my 485 got approved. The officer in the entry point did not point it out and i did not find out till i got home. But since you will be on H1, you'd better make sure...
sorry i can't be of more help.. Maybe someone in the forum was in the same boat and can tell us what the deal is.. anyone??
 
You must log in or register to reply here.
Top