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Travel out of country and re-entry during/after 485 filing Travel out of country and re-entry after 485 filing. Various options of travelling and issues that need to be taken care of while filing and after filing 485.

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  #1  
Old 11-07-2008, 12:35 PM
adurthy adurthy is offline
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Default Please Advise ( travel to outside when AP expired and approval pending )

Hi,

We have applied for AP on Oct 1st and its still pending .

I have the following questions.

1) Can we enter using the AP thats gets approved when we are outside the US
2) How to expedite AP process other then business emergency as my wife is not working
3) can she enter using H4 even though she has used AP and EAD before. is there any problem to GC
4) I am going to India in Dec , assuming I get the AP by then is it ok for her to enter using h4 and myself AP.

Thanks in Advance for your suggestions
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  #2  
Old 11-07-2008, 12:51 PM
LostInGCProcess LostInGCProcess is offline
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Default

Quote:
Originally Posted by adurthy View Post
Hi,

We have applied for AP on Oct 1st and its still pending .

I have the following questions.

1) Can we enter using the AP thats gets approved when we are outside the US
2) How to expedite AP process other then business emergency as my wife is not working
3) can she enter using H4 even though she has used AP and EAD before. is there any problem to GC
4) I am going to India in Dec , assuming I get the AP by then is it ok for her to enter using h4 and myself AP.

Thanks in Advance for your suggestions
1) No.
2) Other then an Emergency you can't expedite.
3) If you are currently on H1, then she can enter on H4.
4) Same answer as above. You can enter on AP, and if you continue to maintain H1 status, then she can enter on H4.
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  #3  
Old 11-16-2008, 11:33 AM
ibbu_arif ibbu_arif is offline
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Default AP Status

Adurthy,

I am in the same boat.. I am also waiting for my AP approval. (applied Oct 10th)

Just wanted to know at which Service Center you filed? Did you get the reciept notices.

My attorney says he will tell my reciept number as soon as he has it.
I am thinking he is lazy to sort his mail . It has been 5 weeks now.
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  #4  
Old 11-20-2008, 05:03 PM
krishnam70 krishnam70 is offline
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Default Please see your other thread

I answered your question in the other thread you opened Ibbu
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Disclaimer: Not a legal advise
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1996 for 1st MS
PD EB2 Jan 2001, 9/11 ,(BEC ,pink slip)
H1 new empl - Dec 02
EB3 RIR, INDIA(Empl mess up)
PD: Sep 2003 , 2nd MS - SE
140 Approval: March 2004
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GC in Hand - 08/07/2007

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  #5  
Old 11-20-2008, 05:06 PM
hariswaminathan hariswaminathan is offline
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Default Statement partially incorrect

Quote:
Originally Posted by LostInGCProcess View Post
1) No.
2) Other then an Emergency you can't expedite.
3) If you are currently on H1, then she can enter on H4.
4) Same answer as above. You can enter on AP, and if you continue to maintain H1 status, then she can enter on H4.

1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.
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  #6  
Old 11-20-2008, 05:26 PM
krishnam70 krishnam70 is offline
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Default If it is approved before you leave the US

Quote:
Originally Posted by hariswaminathan View Post
1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.
Again if your AP is approved but is in mail or whatever and you leave the country then you are ok (technically) in somebody mailing it out to you otherwise you cannot claim to have satisfied the rule USCIS has put forward and the IO has every right to deny entry at the POE

Extract from the instructions of I 131 form
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A. You depart from the United States; or
B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.


- good luck
kris
__________________
Disclaimer: Not a legal advise
---------------------------------
1996 for 1st MS
PD EB2 Jan 2001, 9/11 ,(BEC ,pink slip)
H1 new empl - Dec 02
EB3 RIR, INDIA(Empl mess up)
PD: Sep 2003 , 2nd MS - SE
140 Approval: March 2004
3EADs , 4FPs
3APs, 485 approval -- 07/30/2007
GC in Hand - 08/07/2007

First in flower campaign
Calls to Congressmen,Senators
Letter for administrative fixes
Periodic donations to IV
Still with IV.

Last edited by krishnam70; 11-20-2008 at 05:31 PM.
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  #7  
Old 11-20-2008, 07:50 PM
glus glus is offline
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Default

Quote:
Originally Posted by krishnam70 View Post
Again if your AP is approved but is in mail or whatever and you leave the country then you are ok (technically) in somebody mailing it out to you otherwise you cannot claim to have satisfied the rule USCIS has put forward and the IO has every right to deny entry at the POE

Extract from the instructions of I 131 form
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A. You depart from the United States; or
B. The person seeking advance parole attempts to enter the United States before a decision is made on the application.


- good luck
kris
Kris,
Yes, you are 100% correct. If one leaves during AP is pending then, at the time of adjudication of the pending AP, the officer can run a query and find that the person has left the U.S. before AP was approved. Then, such AP gets denied because the petition was abandoned . In fact, there was an official memo regarding this some time ago. You can find it under press releases on USCIS website. If, however, the USCIS does not notice that you left and approves AP while you are being outside of the United States, the AP is not valid and upon re-entry CBP may deny entry (if notices). This is why, when applying for AP, one specifies if AP is to be issued to a person who is In US or to a person who is NOT in the U.S. This is needed to satisfy the law. Consequently, it is risky to leave U.S. while AP is pending and not having a visa in a passport.

Regards,
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  #8  
Old 11-20-2008, 08:02 PM
maddipati1 maddipati1 is offline
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Default careful

Quote:
Originally Posted by hariswaminathan View Post
1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.

hari,

did your lawyer told you that u can go out of US while AP is still pending?

Krishna is correct. read the I-131 instructions carefully.

i am in the same boat. waiting for AP and trip planned with tight schedule.
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