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View Full Version : Travelling to india while AP,EAD,485 pending


pooja2010
01-09-2012, 05:26 PM
In Aug 2011 : I applied for COS from F1 to H4 .
In Nov 2011 : While on COS,I Applied for AP,EAD,485 with husband(H1B) .
In Dec 2011: Got H4 approval.
In Jan 2012 : Husband received AP,EAD approval, mine still pending.

I have to travel due to family emergency. I have some questions :
1) Is it safe to travel on valid H4 visa while AP, EAD and 485 pending?
2) If AP is approved while i am in india, Can I enter in US with AP ( without stamping H4) ?

Please someone kindly answer these questions.
Thank you very much in advance

Amman
01-09-2012, 05:35 PM
Gurus correct me if i'm wrong but

1) Is it safe to travel on valid H4 visa while AP, EAD and 485 pending?
---Yes. I don't think you would abandon your I-485 by travel using H-4 (in fact, in your situation,H-4 is the only way you can travel without abandon your I-485)

2) If AP is approved while i am in India, Can I enter in US with AP ( without stamping H4) ?
---No, I believe you have to have AP in hand BEFORE you leave US in order to enter US using AP so sorry you have to get the stamping to enter US.

pooja2010
01-10-2012, 10:14 PM
thank you

kumarc123
01-11-2012, 09:27 AM
In Aug 2011 : I applied for COS from F1 to H4 .
In Nov 2011 : While on COS,I Applied for AP,EAD,485 with husband(H1B) .
In Dec 2011: Got H4 approval.
In Jan 2012 : Husband received AP,EAD approval, mine still pending.

I have to travel due to family emergency. I have some questions :
1) Is it safe to travel on valid H4 visa while AP, EAD and 485 pending?
2) If AP is approved while i am in india, Can I enter in US with AP ( without stamping H4) ?

Please someone kindly answer these questions.
Thank you very much in advance

As far as my lawyer stated when I filed, I cannot travel outside the country, it has nothing to do with your valid H1/H4, it jsut triggers mirepresentation of your information provided for 485. What I mean by this is, for your application you submitted a certain date when you last entered US (I94), now when you travel to India and return, your I-94 date changes, but that change cannot be updated in your 485 application, because it was already sent by you to INS.

kumarc123
01-11-2012, 09:37 AM
Gurus correct me if i'm wrong but

1) Is it safe to travel on valid H4 visa while AP, EAD and 485 pending?
---Yes. I don't think you would abandon your I-485 by travel using H-4 (in fact, in your situation,H-4 is the only way you can travel without abandon your I-485)

2) If AP is approved while i am in India, Can I enter in US with AP ( without stamping H4) ?
---No, I believe you have to have AP in hand BEFORE you leave US in order to enter US using AP so sorry you have to get the stamping to enter US.

1-- You cannot travel while AP/EAD is pending
2-- Need to have AP in hand before you travel to India.

Amman
01-11-2012, 12:45 PM
Can you provide an evidence that support "You cannot travel while AP/EAD is pending" ?

Amman
01-11-2012, 12:48 PM
This is from an immigration lawyer site: Is this means no more H1B,H4, Travel visa stamping at Chennai consulate ?

====================
As we reported earlier, the Chennai Consulate released a notice on its website that it would no longer processing of immigrant visa application effective 01/01/2012. Please see our posting of 01/05/2012. AILA reports that December 30, 2011 was the last day for Immigrant Visa interviews at U.S. Consulate General Chennai. However, an immigrant who has a pending immigrant visa application with the Chennai office and were requested to provide additional documents before the Chennai Consulate suspended the immigrant visa processing on 01/01/2011, they should contact the U.S. Consulate General Chennai using e-mail at ChennaiIVU@state.gov. It reports that pending applications will be processed in Chennai through March 30, 2012 and any pending applications which have not been completed by March 30, 2012 will be transferred to Mumbai office. Beware!

Amman
01-11-2012, 12:55 PM
This is from an immigration lawyer site: Is this means no more H1B,H4, Travel visa stamping at Chennai consulate ?

====================
As we reported earlier, the Chennai Consulate released a notice on its website that it would no longer processing of immigrant visa application effective 01/01/2012. Please see our posting of 01/05/2012. AILA reports that December 30, 2011 was the last day for Immigrant Visa interviews at U.S. Consulate General Chennai. However, an immigrant who has a pending immigrant visa application with the Chennai office and were requested to provide additional documents before the Chennai Consulate suspended the immigrant visa processing on 01/01/2011, they should contact the U.S. Consulate General Chennai using e-mail at ChennaiIVU@state.gov. It reports that pending applications will be processed in Chennai through March 30, 2012 and any pending applications which have not been completed by March 30, 2012 will be transferred to Mumbai office. Beware!
Never mind..I misunderstood. this is for Immigrant visa processing NOT for non-immigrant visas such as H1B,H4 etc

kumarc123
01-11-2012, 01:39 PM
Can you provide an evidence that support "You cannot travel while AP/EAD is pending" ?

I dont understand what your are implying, first you ask for help with some information and then ask for evidence of information. Anyhow below is attached information from USCIS.

Travel Documents


Form I-131, Application for Travel Document, is used to apply for three different types of travel documents:

Advance Parole
Refugee Travel Document
Re-Entry Permit
Below you will find more information about these three types of travel documents. For more information on how to apply for these travel documents, see the “Form I-131” link to the right.

WARNING

If you have been in the United States illegally, then you may be subject to a bar to admission if you depart the United States, even if you have been issued a travel document. For more information please see Section 212(a)(9) of the Immigration and Nationality Act (INA).

If you are an asylee who applied for asylum on or after April 1, 1997, then your asylum status may be terminated if you return to the country from which you were seeking protection See the “Fact Sheet: Traveling Outside the United States as an Asylum Applicant, an Asylee, or Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status” to the right for more information.

Advance Parole

Advance parole is issued solely to authorize the temporary parole of a person into the United States. The document may be accepted by a transportation company (airlines) instead of a visa as an authorization to travel to the United States.

An advance parole document does not replace your passport.

Advance parole is most commonly used when someone has Form I-485, Application to Register Permanent Residence or to Adjust Status, pending. If you depart the U.S. while your I-485 application is pending without first obtaining advance parole, your case will be denied unless you fit into a narrow exception for those maintaining certain nonimmigrant statuses.

Advance Parole for Asylees

An asylum applicant who has a pending Form I-589, Application for Asylum and for Withholding of Removal, and has not received a final decision may be allowed to travel outside the United States.

If you are an asylum applicant and you intend to travel outside the United States and return you must apply for and receive advance parole. If you leave the United States without first obtaining advance parole, we will presume you abandoned your asylum application.

Advance parole does not guarantee that you will be allowed to reenter the United States, rather, an immigration inspector from U.S. Customs and Border Protection (CBP) must inspect you and determine whether you will be allowed to reenter the United States.

Link

USCIS - Travel Documents (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=4c790a5659083210VgnVCM100000082ca60aRCR D&vgnextchannel=4c790a5659083210VgnVCM100000082ca60a RCRD)

Amman
01-11-2012, 02:02 PM
I dont understand what your are implying, first you ask for help with some information and then ask for evidence of information. Anyhow below is attached information from USCIS.

Travel Documents


Form I-131, Application for Travel Document, is used to apply for three different types of travel documents:

Advance Parole
Refugee Travel Document
Re-Entry Permit
Below you will find more information about these three types of travel documents. For more information on how to apply for these travel documents, see the “Form I-131” link to the right.

WARNING

If you have been in the United States illegally, then you may be subject to a bar to admission if you depart the United States, even if you have been issued a travel document. For more information please see Section 212(a)(9) of the Immigration and Nationality Act (INA).

If you are an asylee who applied for asylum on or after April 1, 1997, then your asylum status may be terminated if you return to the country from which you were seeking protection See the “Fact Sheet: Traveling Outside the United States as an Asylum Applicant, an Asylee, or Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status” to the right for more information.

Advance Parole

Advance parole is issued solely to authorize the temporary parole of a person into the United States. The document may be accepted by a transportation company (airlines) instead of a visa as an authorization to travel to the United States.

An advance parole document does not replace your passport.

Advance parole is most commonly used when someone has Form I-485, Application to Register Permanent Residence or to Adjust Status, pending. If you depart the U.S. while your I-485 application is pending without first obtaining advance parole, your case will be denied unless you fit into a narrow exception for those maintaining certain nonimmigrant statuses.

Advance Parole for Asylees

An asylum applicant who has a pending Form I-589, Application for Asylum and for Withholding of Removal, and has not received a final decision may be allowed to travel outside the United States.

If you are an asylum applicant and you intend to travel outside the United States and return you must apply for and receive advance parole. If you leave the United States without first obtaining advance parole, we will presume you abandoned your asylum application.

Advance parole does not guarantee that you will be allowed to reenter the United States, rather, an immigration inspector from U.S. Customs and Border Protection (CBP) must inspect you and determine whether you will be allowed to reenter the United States.

Link

USCIS - Travel Documents (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=4c790a5659083210VgnVCM100000082ca60aRCR D&vgnextchannel=4c790a5659083210VgnVCM100000082ca60a RCRD)
I didn't start this thread, pooja2010 ask for help and I responded. In pooja2010'S case, he/she has h4 approved paper so if her/his h4 stamping goes well, should be fine to reenter US. Pending AP/EAD don't abonded the I-485.


"If you depart the U.S. while your I-485 application is pending without first obtaining advance parole, your case will be denied unless you fit into a narrow exception for those maintaining certain nonimmigrant statuses"

sonline
01-11-2012, 02:42 PM
I'm also in same situation my PD is current but have travel plan for 1 month out of US. My company attorney advised same thing. Come back here and then file 485 or stay in US until biometrics done and AP is approved

lovenil
01-11-2012, 03:19 PM
You just need to be present while you file your I-485 after that you are free to travel while your I-485 /AP/EAD are pending and if you have valid H1/H4 visa stamped on your passport.

Attorneys advice against travelling without valid H1/H4 stamp in passport and with H4 (COS) approval only as there is chance of H4 denial and in that case person being stuck outside USA for long time till I-485 approval.

This is well confirmed with 3 different attorney ( Ron Gotcher/ Fragomen/Sudeepto Roy).

kumarc123
01-11-2012, 03:19 PM
I'm also in same situation my PD is current but have travel plan for 1 month out of US. My company attorney advised same thing. Come back here and then file 485 or stay in US until biometrics done and AP is approved

Thank you,

In the following statement:


If you depart the U.S. while your I-485 application is pending without first obtaining advance parole, your case will be denied unless you fit into a narrow exception for those maintaining certain nonimmigrant statuses"

Is not a very candid statement, H1 is a non immigrant status, but then your are applying for immigration! Their are some loopholes their. Better to be safe than sorry.

Good Luck