What happens if 485 is approved while in abroad
- Thread starter avisjk
- Start date
to_be_lucky
Registered Users (C)
To my knowledge, everything would be fine is you are abroad and I-485 is approved. Only issue or risk arises if I-485 is denied and the person is not present in US.
Gurus correct me if I am wrong ?
Gurus correct me if I am wrong ?
worldunity
New Member
I dont think there is any issue. Wish you get approved soon. But remember you are at NSC 
Good luck.
Good luck.
could mean a status change....
I am not a guru but one thing I seem to have read somewhere...
If your I-485 is approved while you are abroad, this means a change of status. Your H-visa may no longer be valid. You can re-enter the US with valid advance parole.
This is just something I seem to remember -- please double-check!
I am not a guru but one thing I seem to have read somewhere...
If your I-485 is approved while you are abroad, this means a change of status. Your H-visa may no longer be valid. You can re-enter the US with valid advance parole.
This is just something I seem to remember -- please double-check!
plastic_card
Registered Users (C)
CA_Dream
I think you are correct. But fortunatly no body at Port of entry check that. you can enter even with valid H1 and H4. so far no body has posted that some one at port of entry has asked onthis.
I think you are correct. But fortunatly no body at Port of entry check that. you can enter even with valid H1 and H4. so far no body has posted that some one at port of entry has asked onthis.
Hi avisjk,
The most important thing if your 485 is approved while being abroad (home-country) is that you can have double the fun and celebrate with your family and friends.
Otherwise, technically, CA_dream is correct and practically, plastic_card may be correct.
Good luck. Wish your joy is doubled.
DIGS
EB3, India
RD : Apr.04
140 ??
The most important thing if your 485 is approved while being abroad (home-country) is that you can have double the fun and celebrate with your family and friends.
Otherwise, technically, CA_dream is correct and practically, plastic_card may be correct.
Good luck. Wish your joy is doubled.
DIGS
EB3, India
RD : Apr.04
140 ??
Hey plastic card what can happen in my situation.plastic_card said:
Can i travel on AP. At present I am on EAD. I-140/485 pending. I have given up hopes for this approvals for another 5-6 months now. Senator office called me once again and asked if I have something from NSC about my I-140 status. I mentioned that NSC status says that I should get some response by March end and nothing till date, so she said I will check the same & get back to you ( its one week no call yet, no changes in status).
plastic_card
Registered Users (C)
tjshah
you are fine with AP. even though your GC get's approved while u are in aborad.. As long as your AP is Valid you can travel as many times as u want. As I said earlier, I'm going to india in May and will be back in June and my H1 is valid till august and I do nto have AP. I'm just taking risk and going. If gets approved I will enter with h1. If some thing happens my Home country is their. Also I do not have any commitments here { house ..... }.
You are 100% fine to travel.
BTw about Name check, I called and they asked me to sent an Email with details. I know it will take hell lot of time to get reply from them. So I did not drop Email.
you are fine with AP. even though your GC get's approved while u are in aborad.. As long as your AP is Valid you can travel as many times as u want. As I said earlier, I'm going to india in May and will be back in June and my H1 is valid till august and I do nto have AP. I'm just taking risk and going. If gets approved I will enter with h1. If some thing happens my Home country is their. Also I do not have any commitments here { house ..... }.
You are 100% fine to travel.
BTw about Name check, I called and they asked me to sent an Email with details. I know it will take hell lot of time to get reply from them. So I did not drop Email.
My problem is I am no more working for same company who sponsered my H1. I am working with the company who is doing my GC and that's the reason I am on EAD and on H1. You have a choice to enter on H1. I do not have choice. I have to enter on AP. Now God forbidden and anything happens to my I-140 then I am in big problem.plastic_card said:
yes name check takes 3 months.............
I am on H1 and I have valid visa till 2006 feb, it was stamped on Present working company name. I do not have AP, I am planning to go to India next month. I did not think of it till yesterday because I did not get 140 approval, last night I got 140 approval, Now I am concerned that If my 485 gets approved when I am in India... Can I enter with my H1 status? Did it happen to any one? Please let me know. It would be great help!! I am planning to buy tickets today..Please respond..
As long as you have a valid H1 (stamped) / I-94 there is no problem to re-enter. Even if your 485 gets approved while you are not in country it should not matter. BTW you have one whole month. Just relax you should get 485 in a month ( provided you r lucky!!!!!!!).
But do not worry about re-entering. I have already checked with my lawyer. Even if your 485 gets query /denied you have a valid status - H1 is valid and u r working on H1 only.
But do not worry about re-entering. I have already checked with my lawyer. Even if your 485 gets query /denied you have a valid status - H1 is valid and u r working on H1 only.
andresenpark
Registered Users (C)
Is there a 'normal' timeframe to get your 485 approved after 140 approval at NSC?
Many thks.
Many thks.
plastic_card
Registered Users (C)
Konvav
First ..your are fine to go and come back. About your 485 approval, Do not mistake me by saying like this. way long time man. Since you are EB3 and PD of 2003. Current PD for EB3 for retrogressed countries is june 2002 { I think }. if you are not affected by retorogression then May be... but not for sure. But at NSC every thing is possible. Mine is EB2 and 140 got approved two months back, so far nothing on 485. But still I'm leaving next week and will be back in June. I too do not have AP. I'm going on H1 which is valid till august 2005.
So you are pretty much good to go and come back.
About time frame NSC does't like that word. Each NSC Stupid Officer has got his own Meaning for Timeframe. God bless these Officers and NSC.
Happy journey and enjoy with family.
First ..your are fine to go and come back. About your 485 approval, Do not mistake me by saying like this. way long time man. Since you are EB3 and PD of 2003. Current PD for EB3 for retrogressed countries is june 2002 { I think }. if you are not affected by retorogression then May be... but not for sure. But at NSC every thing is possible. Mine is EB2 and 140 got approved two months back, so far nothing on 485. But still I'm leaving next week and will be back in June. I too do not have AP. I'm going on H1 which is valid till august 2005.
So you are pretty much good to go and come back.
About time frame NSC does't like that word. Each NSC Stupid Officer has got his own Meaning for Timeframe. God bless these Officers and NSC.
Happy journey and enjoy with family.
plastic_card said:
You can legally enter with H1 if the green card is approved while your abroad. This is possible because the dual intent of H visa.
If the officer is aware of your approval and if you enter with AP officer will defer your inspection at POE. You will have 30 days to get stamping.
On the other hand if you use the H1 at POE you will have one year to get stamping.
It is yet become clear how they are going to handle this kind of cases after indterduction of new process of collecting the biometrics at the Finger printing.
just one thought, I had an understanding from the messages on portal, when your 485 is approved, your H status is not valid. So if your 485 is approved while you're abroad, you cannot enter using your H status. You must have a AP, to enter into the country. But I am not 100% sure,. So please find out more details or talk to your attorney for more details, just to avoid any issues, as we see always there some bad things will be waiting for immigrants