What happens if Out of Country when I-485 approved.

A

aneagleseyes

Registered Users (C)
Hi All,

I need to go out of country and I have AP for till May 2005. What will happen if I485 is approved?

Regards,

AnEaglesEye
 
You will not have a problem re-entering. If I am not mistaken you are a Jan 2003 filer who has not yet completed 2nd FP. You may want to stick around when(?) it is time to do that or your application will be considered abandoned.
 
Answer

aneagleseyes,
I think I understood what you are asking. We have tendency not to say "don't know", giving advice instead of answering question directly, making you feel immature as you did not search the forum enough to find the answer in case this has been posted already. I am not exception of that. So no offense.

To answer your question if you have advanced payrol you will be allowed to enter USA without any problem. It is recommended that you travel with Approved Aadvance Payrol when you travel outside US after applying for I-485. The people who live outside the United States after getting green card for a long time (Don’t remember exact duration), they also apply for “reentry permit” which is basically AP to get to USA.

Peace.
 
Last edited by a moderator:
What if

What if you have a valid H1B (i.e. you are maintaining dual status - H1B status as well as Adjustment of Status/I-485 pending). Then can you just enter on H1B, even if your I-485 was approved?
 
while Re- entering into US its always better to use AP. I also asked the Immigration officer when i came that i still have a valid H1-B. He said that "Once your 485 is pending, you should use your AP. That is what this Document if for."
I would advice you to come back on AP.

This is my experience ....
 
Got Question

I have filed I485 in May'03 but both of us (Me & my wife) are maintaining H1B.
Though I previously got issued EAD & AP, but we never used those.

Now My wife is going out of US and will use H1B for reentry.
Will it create any problem?????

Thanks in advance.
 
Lakshya

It will definitely create a problem if your I-485 gets approved when you are outside the U.S. If you are outside the U.S., your H-1/H4 becomes invalid hence you cannot enter the country again unless you have AP. Also, if you have applied for AP, leaving the country while an AP is filed (without it getting approved), is considering abdonment of 485.

BOTTOMLINE: Even if you are on H visa, ensure you have a valid AP at all times incase you need to travel to home country during an emergency. See this post in VSC today:

http://boards.immigrationportal.com/showthread.php?t=144132
 
Lakshya

U r May 03 filer and you have a long way to go before you see r approval. So if your wife is going out for even 3 months that shud be fine. Make sure to travel before may 05 rather then later. usually I've seen is apps do tend to stick around w/out approval for atleast 24 months in NSC.

My 2 cents.
 
In the days where random approvals are so common (It was posted in these forums that someone in NSC recently had a RD of Oct03 that got approved), it is advisable to wait to get AP before travelling. Apply for AP 3-4 months before expiry (don't think about "wasting money") no matter how close or far away you are from approval. It does matter when you filed as all the service centers are very random these days. If your AP expires in May 05, make sure you are back by then. Apply for your AP in Jan-Feb. 05 even if you don't plan to travel (to prepare youself for an emergency travel). Remember you don't know when you will have an emergency need to travel.
I hated paying another $1000 for me and my family on our 3rd EAD and AP as I thought we might be close to getting approval (moreover, I'm on H1) but ending up doing it after seeing some tragic posts here of people having problems because they wanted to save a few hundred bucks.

We have spent thousands already so why hesitate to spend a few more hundreds. It might end up being one big mistake.
 
I have Advance Parole. Don't have H1 any more, working on EAD.
And For 2nd FP I talked to my lawyer she told she can postpond in case it is scheduled for that period. Most likely she says it may come before Mid Nov. I am hoping for that.
I just wanted to know if anybody had any experience of being in India when 485 is approved.

--------------------
RD - Jan 03
FP1 - Mar 03
2 EADs, 2APs
Waiting for anything else.
 
Here is what I found

I had a similar question in the past. This is what i was able to conclude based on my research and helps from other folks-

one should try to use AP to reenter (thats what couple of folks did as per this forum past discussions) and if there is objection from officer that 485 is approved one can always ask for Deferred Inspection



If you want to know what is deffered inspection -

http://www.murthy.com/news/ukpbadpl.html


"Another common situation, not specifically mentioned in the INS memo but previously authorized in INS instructions, is if the I-485 application is approved after the applicant's departure from the U.S. In that circumstance, it is typical to grant deferred inspection, so that the person can go to the local INS office and obtain the permanent residency stamp in the passport"
__________________
 
Thanks WindsorResident & amcom

Yes. Since I am May'03 Filer and moreover I have not done even my first FP, I didn't apply for AP. Anyway this time I will take risk.

But as suggested I will apply for AP keeping random approvals in mind.

san_GC : It is good to have AP ready but using it will change your status and you have to follow terms like salry mentioned in Labor (for GC). If you use H1B you have to follow labor(for H1B).

I am EB2 filer (83 K for GC Labor ) and have valid H1B (48K for H1B Labor).
This is significant difference and the main reason not to use EAD & AP.
 
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