URGENT - Travelling on I-485

[pattagreen]

I'm on 485 status. I would like to travel to India for 2 months. I've applied for AP but would like to perform the journey sooner. Is it okay to go ahead without the AP approval. Anyone with similar experiences, post please!

 

[BPBJHL042002]

pattagreen...you need to have your AP approval before you travel; otherwise your 485 case is consider abandon. My 2 cents.

 

[sdey]

hi friend...

here's my take
I travelled to Europe in dec 2002,and here's what my lawyer told me..again..U have to get advice from a lawyer..we're just as layman as u when it comes to immigration law,but anyways:

If u have a valid H1B petition and visa stamp,and plan to reenter using that,by all means go ahead.
If not,DO NOT lEAVE USA until u have ur AP.
I had an H1 valid,but still entered on my AP,just to be safe...if something goes wrong,I can always leave US,and reenter on my H1b.

So ..get advice from a lawyer,and stay safe...
good luck bud
cheers
Jack

 

[atsokbg]

I asked the same question a few weeks ago and I received contradictory replies from posters in this forum and also at misc.immigration.usa

Some people say that the AP must be APPROVED before leaving the US, while others that it is enough to have APPLIED for the AP before leaving the US, provided the AP is later approved and the person physically has it by the time of reentry into the US.

The INS web site on two different pages also has contradictory instructions as described above (and I am not speaking about the form I-131 instructions)

So my conclusion is that this is a gray area that might go either way. I would risk leaving while AP is pending approval only for a very important personal or business reason, not just to go to the beach somewhere.