**URGENT ** Travel without I485 Receipt

[ppm2]

I have my I140 approved. I have obtained a 3 year H1B extension.
I have my travel plans fixed to visit India and obtain stamping at Chennai.

My family is scheduled to leave on 4th July 07 and me on 18th July 07.
We are returning on 11 Aug 2007.

Now I-485 has become current from 01 July 2007. I would like to file I485 ASAP.

I am told that a person can go out of country and re-enter only he has the receipt of filing of the I485. Else there would be a problem for I485 processing !!!
My immigration department mentions that it is sufficient if I file my I485 and leave the country next day even without a receipt.

Is it practical to assume that I will be able to file my I485 between 2nd and 4th July?
Is it OK if I leave the country and return back without I485 receipt??

PLEASE ADVISE WHAT SHOULD I DO .....
1. Keep my travel plans?
2. Cancel my travel plans to India?

 

[ram_n_ram]

It is true that you have to be in the country to file 485/AP. Since you have your H1-B approval for 3 yrs, just go ahead and get it stamped. Do not apply for AP. Just apply for 485 and make sure it is received at NSC/TSC on July 2. Keep the fedex slip just for future references. Also, TRACK the cheques for LIN numbers etc. There will be a couple of days lag between the actual received date and the date received column on the 485 receipt. So make sure it is delivered on July 2 morning. July 1 is Sunday.

Also watch for Finger print notices while you will be in India.

Hope this helps.

I have my I140 approved. I have obtained a 3 year H1B extension.
I have my travel plans fixed to visit India and obtain stamping at Chennai.

My family is scheduled to leave on 4th July 07 and me on 18th July 07.
We are returning on 11 Aug 2007.

Now I-485 has become current from 01 July 2007. I would like to file I485 ASAP.

I am told that a person can go out of country and re-enter only he has the receipt of filing of the I485. Else there would be a problem for I485 processing !!!
My immigration department mentions that it is sufficient if I file my I485 and leave the country next day even without a receipt.

Is it practical to assume that I will be able to file my I485 between 2nd and 4th July?
Is it OK if I leave the country and return back without I485 receipt??

PLEASE ADVISE WHAT SHOULD I DO .....
1. Keep my travel plans?
2. Cancel my travel plans to India?

 

[ppm2]

Ram_n_ram

Thank you for the confirmation !!! I will proceed with my trip.

I was checking with another web site - this too tells the same.
http://www.murthy.com/news/UDruaila.html

Enclosing it for the benefit of others

I-485 Receipt Rule

Contrary to a previous regulation, the current INS position is that persons who have H and L visas and are returning to the U.S. after foreign travel to resume their H or L status do not need to have their I-485 receipt notices, even if they have filed the I-485 application for adjustment of status. This information will be communicated to the INS Head of Inspections, who will issue guidance to the Port of Entry officials. Previously, this was a problem as there were substantial delays in obtaining I-485 receipts. The receipting process should improve, as the earlier delays were due to a change in the contractor responsible for issuing receipts.