Urgent help needed for question reg Travel without AP

T

tara2002

Registered Users (C)
Someone pls help me!!

I thought that once we apply for AOS ie I485, EAD and AP, even though the AP approval has not come as yet, we can travel to India with our valid H1/H4 visas if we have our 485 Receipt Notices. Now, is that correct??

Lawyer told me today that if I file only I485, then I can travel with valid H1/H4 visa with AOS Receipt Notice. BUT if I file also EAD along with I485 filing, then I NEED Advance Parole approval. Pls tell me which is correct, I;ve never heard of anything like this!

REF 140, you are going to India, right? Do U have AP approval?

Thanx in advance!!
 
Originally posted by tara2002

I thought that once we apply for AOS ie I485, EAD and AP, even though the AP approval has not come as yet, we can travel to India with our valid H1/H4 visas if we have our 485 Receipt Notices. Now, is that correct??

Lawyer told me today that if I file only I485, then I can travel with valid H1/H4 visa with AOS Receipt Notice. BUT if I file also EAD along with I485 filing, then I NEED Advance Parole approval. Pls tell me which is correct, I;ve never heard of anything like this!
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You can travel based on your H1/H4 provided that the primary beneficiary has not used his/her EAD to accquire job. If so, you will need an AP. You can always use yor H1 or H4 to enter if it is still valid.
 
No question of using EAD

Rawager, thx so much for the prompt reply. There is no question of using EAD bcoz we haven;t got EAD, we are abt to file AOS, EAD and AP petition. But as we r scheduled to travel next month lawyer said we can't do it , unless we have AP approval. 485 Receipt Notices with valid H1/H4 visa is not enuf. She said AP is required since primary applicant is applying for EAD along with 485. She said if primary applicant didn't apply for EAD ie only applied for 485, then Receipt notices and valid H1/H4 visa is good enuf for travel outside US.

What do u say?

Now I'm worried bcoz there is a rule that one who needs AP, if she travels without AP, then that will abondone her/his AOS ie 485 petition. Someone pls pls advise, I'm going mad!
 
Your lawyer is probably a rookie or too old to follow the law changes...

Please consult a more experienced lawyer.
As I understand ( I am NOT a lawyer ), as long as you(no matter primary or not) are not USING your EAD to work and you have a valid H1/H4, you can use your H1/H4 to travel. It used to be like what your lawyer said but recently changed.
 
Thank u so much!!

Jan 485, thx a million for the reply. U will be surprised I called INS customer service abt this issue, they told me same as lawyer said. I mean.......... this is crazy.....giving wrong info like this!!


But hearing from u, I think I will go ahead and file AOS, EAD, AP and go out of US with Receipt notices.

Now Jan485 or anyone else who knows, can u pls tell me whether I need receipt notice at the time I leave US? Bcoz my husband is leaving 20days after me, so can he bring both our Receipt notices along with him and give mine to me there? Bcoz I heard that Receipt Notice is required to be shown only at the port of entry into US. So when I return I will have my recipt notice for AOS/EAD/AP with me, but I won;t have those with me when I'm going out of US, incase it doesn't come by then.

Pls advise, and thanx a lot in advance.
 
I did re-enter US (April 2002) on H1 though I had EAD & AP. ( I had received my I 485 receipt, EAD and AP by Nov 2001 ) .I had my EAD, AP and copy of 485 receipt with me. I got my H1 revalidated in India and entred US on H1. At the port of entry, I was not asked for I 485 receipt at all.They checked my H1 documents and employment letters.

Hope this helps.
 
H1/H4 is enough

Friend,

Your H1/H4 status does not get affected by mere filing of I485. You continue to be in valid H1/H4 status as long as your H1 petition continues.

The status changes when you file I-9 with your employer i.e. start using your EAD. Thats when your status changes from H1/H4 to AOS pending. So you are not going to have any problem in your travel.

You dont need the 485 recipt as well. When you show your H1/H4 visa, they are not bothered about anything.

So be cool and travel with freedom. Also there are lots of FAQ on www.immigration.com representing this fact. check them out too.

Cincy485.
 
Jan485,Nov2001RD,cincy485 THANK U SO MUCH!!

Thnx a million guys!! It gives me so much relief.....I appreciate your help so much. God bless you all.
 
Tara2002...am also in ur plight.

Hello Tara2002 & Gurus out here,

I am also in a similar plight.. Has applied for 485 few months back. Got EAD as well, but working on H1 with the GC sponsoring employer. Has an H1 stamped , valid till 2004.

Hasn't applied for AP, as my understanding was you don't need an AP for travel as long as you have a valid H1 stamped on your passport and is not using the EAD. I am planning on a vacation next month. The responses that you got from your lawyer and INS CS makes me wonder if I am heading for trouble ...

Any advices or experiences will be greatly appreciated..

Any foreseeable problems if my 485 is approved while I am out of the country and re-entering on my H1.
 
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