Urgent - To travel or not to

C

calerius

Registered Users (C)
Guys,
I am in a unique situation. I filed I140/I485 in the month of January and online message says I got it approved on March12th...Got married in Febraury. I was going to travel on May 13th to get my spouse. Her H4 appointment was in the last week of May.
Since I have a valid H1 I didn't apply for AP/EAD. And the online message says that it is approved and I don't have any document supporting that. Is it safe for me travel and come back ? Is there any recourse I can take to get my wife back with me..
It would great and highly appreciate if someone were to comment on my situation.

Thanks
 
calerius said:
Guys,
I am in a unique situation. I filed I140/I485 in the month of January and online message says I got it approved on March12th...Got married in Febraury. I was going to travel on May 13th to get my spouse. Her H4 appointment was in the last week of May.
Since I have a valid H1 I didn't apply for AP/EAD. And the online message says that it is approved and I don't have any document supporting that. Is it safe for me travel and come back ? Is there any recourse I can take to get my wife back with me..
It would great and highly appreciate if someone were to comment on my situation.

Thanks
Click to expand...
Check with your lawyer -- if your 485 is approved you are no longer in H status and traveling based on that is risky -- you will most likely be denied entry and it could screw up your approval.

Don't leave the US without making sure if your case is really approved or not.
btw, if the 485 was approved on Mar 12th, you should've gotten something by now -- call the 800 number and check with them as well.
 
It was a typo. It is May 12th guys. I was planning to leave on May 13th. Does that change my situation. I have a valid H1
 
calerius said:
It was a typo. It is May 12th guys. I was planning to leave on May 13th. Does that change my situation. I have a valid H1
Click to expand...
No - it does not.

If you have AP you can travel as the travel date is very close to approval date.

Do NOT re-enter on H1 after approval - the only thing that is OK is to re-enter on AP.
 
Talked to attorney

wong561hb said:
or of course your 551 stamp
Click to expand...

It was just an online message that on may 12th it got approved and I140 message was not yet updated. I talked to my attorney they haven't received any approval letter on either i140 or i485..
I also talked to another independent attorney, he was of the opinion that i could travel because, I don't know for sure it is approval or not, i called up the emergency numbers too, but no luck..
It is an extremely emergency travel I had to do..Do you know of someone who was in my kind of situation ?

Thanks guys
 
max2k1 said:
No - it does not.

If you have AP you can travel as the travel date is very close to approval date.

Do NOT re-enter on H1 after approval - the only thing that is OK is to re-enter on AP.
Click to expand...

What's problem using H1?
 
max2k1 said:
Check with your lawyer -- if your 485 is approved you are no longer in H status and traveling based on that is risky -- you will most likely be denied entry and it could screw up your approval.
Click to expand...

There is people in forum who entered using H1/H4 after approvals. H1 is dual intent visa. There should not be any problem for first time entry after approval. Other way to say, I haven't seen any entry denial in this kind of circumstances.

Couple of months back forum member unitednations atriculated this kind of scenario pretty well. Read his posting.

http://boards.immigration.com/showthread.php?p=1114748#post1114748
 
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