URGENT - I-485 Approved while out of US

K

koolibra

Registered Users (C)
I am out of US on an official assignment while I got my and my wife's I-485 approved. My wife is still in US.

I don't have A/P however I have valid H1 visa. Can I use this to come back to US. I have to return to US in couple of weeks, please advise what to do.

If it is not possible to return without GC, should I ask my wife to travel to India with my card so that I could use this to come back to US. Please let me know if this is OK to do that. This would be fatigue for her and I would like to do that if there is no other option.

I am in a real dilemma that when I get the GC, I am out on a business trip.. I would really appreciate an urgent response on this.
 
Since you have a valid H1, you will be allowed to board a plane to the USA.
But make sure you carry your 485 receipt notice; and a copy of the online status printout. Show these to the immigration officer at the port of entry; they will be able to verify your approval and will let you in.

I am saying the above purely from reading other's experiences I read on these forums.

Also, check with a local US consulate if they would give you a travel document. I read that this is an option for someone who lost his/her GC while travelling outside the USA.

Contact your lawyer and ask him/her about the precautions you need to take; and what you need to show to the IO.
 
I have read that it is not allowed to use Visa once GC is approved. In one of the forums, it is mentioned
"If your AOS gets approved while you are out of the country, your case will be considered abandoned. "

Please help as how to proceed...
 
If you are travelling outside the country while your AOS is pending, as long as you carry 485 receipt notice, your AOS will not be considered abandoned.
(The above was true till end of October 2007)
In light of the delays in issuing receipt notices, the above was modified recently to remove the requirement of the candidate to carry the receipt notice if they had a valid H or L visa in their passport and were travelling on that.

Since your 485 is approved, your H1 is not valid anymore. But the airlines will not let you board the aircraft unless you show them proof that you have a visa to travel to the destination country. This is where you can show them the H1 visa stamp or the travel document from the US consulate(if you obtain one).

But at the port of entry, you will have to show them the proof of your 485 approval.

The following excerpt from http://www.shusterman.com/hl-99regs.html applies to your case.:

How Does the Approval of an Application for Adjustment of Status
During the Alien's Absence From the United States Affect His or Her
Readmission?

In accordance with 8 CFR 211.1, a Form I-797 approval notice for an
adjustment of status application is insufficient to establish an
arriving alien's entitlement to lawful permanent residence. An H-1 or
L-1 nonimmigrant (or a dependent family member) whose application for
adjustment of status was approved during the alien's absence from the
United States will be granted deferred inspection in accordance with
Sec. 235.2(b) upon presentation of a valid I-797 notice of approval of
the application for status. Such deferred action shall be for the
purpose of providing conclusive evidence that the alien's status has in
fact been adjusted to that of a lawful permanent resident.

End of excerpt.

http://www.usimmigrationsupport.org/form_i193.html
 
Last edited by a moderator:
Here is my thinking without experience. since it is allowed for any one with valid H stamp and H status to travel while I485 is pending and since the I485 could be approved at any moment. Then it is obvious that it is allowed for that person to return back. I think you may consult the US embassy overseas, they may give you the immigrant visa stamp based on your approval.
 
You must log in or register to reply here.
Top