What happens if travelling on AP and 485 gets approved while outside US?

V

Viswamohan

Registered Users (C)
After waiting for our approvals since 2 years, I got fed up and thinking of sending my wife & Kid to India on AP. We are very close to the approval of our 485 (ND: 12/22/2004). However, there are several doubts botheing me. I thought I could ask you all. They are Following:

1. What happens if my wife's 485 gets approved while she is in India?
2. Can she come back on AP?
3. Will the AP be valid after 485 approval?

4. My biggest worry is if USCIS approves and assigns an appointment date for Stamping or Interview and if she cannot make it to US by that time. Does anybody know what happens in this situation? Can I request for postponing of the appointment for Stamping/Interview?

I appreciate any comments, Advises on this? I would also appreciate if anybody who has similar experience comment on this.

Thanks in Advance

I-485
ND: 12/22/2002
FP2: 08/07/2004
Approval: ???
:(
 
Viswamohan said:
After waiting for our approvals since 2 years, I got fed up and thinking of sending my wife & Kid to India on AP. We are very close to the approval of our 485 (ND: 12/22/2004). However, there are several doubts botheing me. I thought I could ask you all. They are Following:

1. What happens if my wife's 485 gets approved while she is in India?
2. Can she come back on AP?
3. Will the AP be valid after 485 approval?

4. My biggest worry is if USCIS approves and assigns an appointment date for Stamping or Interview and if she cannot make it to US by that time. Does anybody know what happens in this situation? Can I request for postponing of the appointment for Stamping/Interview?

I appreciate any comments, Advises on this? I would also appreciate if anybody who has similar experience comment on this.

Thanks in Advance

I-485
ND: 12/22/2002
FP2: 08/07/2004
Approval: ???
:(
Click to expand...


As long as AP is valid, your wife can enter US (before or after 485 approval). Stamping and interviewing for 485 are two different things. If your wife is called for interview (if her case gets transferred to your local office), you better make sure that she makes it. You should contact your local office for that. But if her 485 is approved, than she needs to go for stamping, that can wait for a few days. There is no emergency rush for that.
 
Thankyou very much jllag1 for your response. I appreciate it.

So, Are you saying that in Case of Interview, It cannot be postponed (In case if my wife is not able to make it by the scheduled Interview date)?

Thankyou
 
485 approved when in india, no AP

I am in a similar situation(may be worse). What happens when 485 gets approved when i go to india to get my h1-b renewed? I don't have AP. Do you suggest to get an AP before i go. If yes, I have just 10 days to go to India. Do you think i can get AP (as an emergency case)? :confused: :eek:
 
Viswamohan said:
Thankyou very much jllag1 for your response. I appreciate it.

So, Are you saying that in Case of Interview, It cannot be postponed (In case if my wife is not able to make it by the scheduled Interview date)?

Thankyou
Click to expand...

I am sure it can be postponed. You will need to contact your local office or maybe your service center, if you get to interview with them. You can than contact them about defering it. But your case may get delayed (or may not, who knows, will depend on your local office policy) and you cannot be sure for how long. Is it a risk you want to take? I am sure you want to get this green card business over with. :)
 
gangsatl said:
I am in a similar situation(may be worse). What happens when 485 gets approved when i go to india to get my h1-b renewed? I don't have AP. Do you suggest to get an AP before i go. If yes, I have just 10 days to go to India. Do you think i can get AP (as an emergency case)? :confused: :eek:
Click to expand...


Remember, the policy says that as long as you a valid (current and not expired) H1/H4 visa, you need not have AP. So if your H1B has expired, you do not have a valid H1. Now if you go to India and your 485 get approved, you will not be able to get a valid H1, as you do not qualify for a non-immigrant visa any more. Without AP, that can put you in a bit of bother. I think the airline might give you a hard time boarding the plane. You can go to India, and quickly renew your H1 before your 485 approval or wait for AP. Check with your lawyer before you travel. You wanna cover all bases.
 
thanks jllag1

Thanks for the reply jllag1 .
That's is what i'll do. I have H1b appointment at Chennai consulate appointment in 5days after leaving this country. So i'll board the plane and pray for best. My lawyer doesn't know anything.

So you think i can't get my AP in next 10 days if i go to local office here?

Based on these dates i expect 485 will not be approved till atleast Jan'05
I-140/485 RD :29th Jan 04
FP_Submitted:4th Nov 04.
 
You can try. I have read on this forum that you will not usually get emergency AP unless you can prove a real emergency. You really should talk to your lawyer, maybe he can give you a better idea. ;)
 
gangsatl ,

I don't think you can travel outside of U.S while your 145 is pending without A.P . You can get A.P in few days if you can show an emergency situation at the local office.

Your best bet is to talk to a good lawyer.
 
Thankyou jllag1. I contacted the lawyer about this. He also mentioned the same thing what you said that it can be postponed, but the case might get delayed. For now, I have decided to wait for few more months. :(

gangsatl, my advise is to wait until you get AP.
 
My lawyer said it's ok to go that way to travel without AP and not to worry about the 485 approval as it might not happen in that 5 day window. I am going to talk to a different lawyer today for second opinion. Thanks.
 
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