Urgent: Travel on H4 before AP arrives

B

benny

Registered Users (C)
I have applied for I485 and AP. Haven't received it yet. Haven't received even the receipt notice either.

My H4 is valid till Dec 2004.

If I travel to India using my H4:

1. Will my AP application be deemed abandoned?

2. Will my I485 application be deemed abandoned?

3. If AP application is abandoned, can I reapply after I return from India?

Thanks for your help.
 
Tara 2002

Not true at all. You do not need receipt notice for I-485 if you come on H1/H4. It does help you to enter when you enter on AP.
 
Sahin, if AP arrives no need of AOS receipt

Sahin,

But Benny said he is travelling before AP arrives, so he definitely needs AOS receipt notice when he enters US again even though his H1/H4 is valid.

There is no need of 485 receipt notice if one enters using AP.
Pls don't give wrong info here.
 
Last edited by a moderator:
485 receipt not needed

For H visa holders I485 receipt is not needed. It is advisable for AP holders to carry the 485 receipt copy in case there is an error in AP you failed to notice. Otherwise 485 receipt copy is not a mandatory document to be carried around for AP holders too.
 
you need i-485 receipt with the visa to travel outside the country when your AOS is pending.

please read the following which i got from my attorney

TRAVEL DURING I-485 PENDENCY
During the pendency of I-185 if you travel abroad, you must have one of
the following to reenter:

1. Advance Parole

Note that if you reenter on Advance parole, you no longer possess H
status. You are still in status because of pending 485, but no longer
have H status. So you will need an EAD to continue working after reentry.

OR

2. H-1/L-1 or H-4/L-2 multiple entry visa PLUS original I-485 filing
receipt.

If you do not have a visa, you can get one from your home country.
Pending 485 is no bar to issuance of a visa.


TRAVEL DURING CONSULAR PROCESSING
If you are processing your papers through consular processing (CP), you
cannot obtain an advance parole. Travelling during CP is not a problem
but you will need an H-1/L-1 visa to reenter the United States.

If you do not have a visa, you can get one from your home country.
Pending CP is no bar to issuance of a visa.

Hope this helps.
 
tara2002

hello folks,
Follow your lawer. None of us are attorney here.
Nobody is providing wrong info here either, everybody is trying their best to help each other out. So, please dont blame anybody that someone putting wrong information. I am specially telling tara2002. I definitely dont have any intention to misguide putting wrong information spending my very valuable time.

Good Luck.
 
That is a generic directive applicable for all adjustees.

per the memo about AP and H /L visa holders (see FAQ of INS web site about AP or search the what's new of INS website for memos regarding H1), I485 is not required.
If you have H1 and show I485 receipt the junior officer at the POE is going to insist on a AP. Although this will be cleared up on secondary inspection, it will cause unnecessary delay.
Also search murthy chats regarding this matter.

Although lawyer opinions might differ , I do not see any logic supporting the requirement of I485 receipt for H holders. Of course , it is just a piece of paper and should not waste our time.

I think I will agree to disagree and end the discussion here.
 
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