Immigration Voice - Forums - Legacy
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > 140 stage > Documents, Filing, forms, directions and mailing
Click to log in with Facebook
Documents, Filing, forms, directions and mailing Documents, Filing, forms, directions and mailing

Reply
 
Thread Tools Display Modes
  #1  
Old 12-03-2008, 02:21 PM
Member
Priority Date
:
Nov-04
Category
:
EB3
I140 Mailed Date
:
05/15/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/28/2008
Compare
Join Date: Jan 2008
Posts: 27
vik352 will become famous soon enough vik352 will become famous soon enough
Default Important -Travel without AP

My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.

I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?

Thanks!
Bookmark and Share Compare Reply With Quote


  #2  
Old 12-03-2008, 02:51 PM
Member
Priority Date
:
Nov-04
Category
:
EB3
I140 Mailed Date
:
05/15/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/28/2008
Compare
Join Date: Jan 2008
Posts: 27
vik352 will become famous soon enough vik352 will become famous soon enough
Default

Anyone?
Bookmark and Share Compare Reply With Quote


  #3  
Old 12-03-2008, 03:15 PM
Senior Member
Priority Date
:
Sep-03
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jul 2006
Posts: 1,590
jonty_11 is a glorious beacon of light jonty_11 is a glorious beacon of light jonty_11 is a glorious beacon of light jonty_11 is a glorious beacon of light jonty_11 is a glorious beacon of light
Default

I cannot comment specifically to ur case...but when me n my spouse travelled on AP...going to India - no one looked at AP...we just turned in our I94 to the airline....

I think the relevance of AP is only when you re-enter US, hopefully by that time u already have AP in hand for urself and her.
__________________
Help IV Help U !!
Bookmark and Share Compare Reply With Quote


  #4  
Old 12-03-2008, 04:24 PM
Senior Member
Priority Date
:
Nov-04
Category
:
EB3
I140 Mailed Date
:
04/07/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/07/2007
Compare
Join Date: Jul 2007
Posts: 232
maddipati1 is infamous around these parts maddipati1 is infamous around these parts maddipati1 is infamous around these parts maddipati1 is infamous around these parts maddipati1 is infamous around these parts maddipati1 is infamous around these parts maddipati1 is infamous around these parts maddipati1 is infamous around these parts maddipati1 is infamous around these parts maddipati1 is infamous around these parts maddipati1 is infamous around these parts
Default not the 485 but AP appl. is abandoned

there are lot of threads abt this topic. search it.

read form I-131 instructions, where it clearly says, AP appl. is considered abandoned if you leave US before its approval. this is for sure.




Quote:
Originally Posted by vik352 View Post
My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.

I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?

Thanks!
Bookmark and Share Compare Reply With Quote


  #5  
Old 12-03-2008, 05:23 PM
Member
Priority Date
:
Feb-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 38
flipflop will become famous soon enough
Default

Quote:
Originally Posted by maddipati1 View Post
there are lot of threads abt this topic. search it.

read form I-131 instructions, where it clearly says, AP appl. is considered abandoned if you leave US before its approval. this is for sure.
How about a case where AP renewal is pending and previously approved AP has not expired?

Can you go out of US and come back before previous AP expires?

What happens when you are out of US on previous AP and "AP renewal" is approved? Is that considered abandoning I-485?

Thanks and appreciate any replies.
Bookmark and Share Compare Reply With Quote


  #6  
Old 12-03-2008, 05:30 PM
Senior Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
01/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/01/2007
Compare
Join Date: Nov 2008
Posts: 282
Marphad is infamous around these parts Marphad is infamous around these parts Marphad is infamous around these parts Marphad is infamous around these parts
Default

Quote:
Originally Posted by vik352 View Post
My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.

I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?

Thanks!
I think you should not take this risk. Once you leave the country without AP, the application is considered as revoked as per my reading somewhere. I am trying to find link.
Bookmark and Share Compare Reply With Quote


  #7  
Old 12-03-2008, 06:41 PM
Senior Member
Priority Date
:
Sep-02
Category
:
EB3
I140 Mailed Date
:
02/14/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/06/2007
Compare
Join Date: Mar 2007
Posts: 733
ItIsNotFunny has much to be proud of ItIsNotFunny has much to be proud of ItIsNotFunny has much to be proud of ItIsNotFunny has much to be proud of ItIsNotFunny has much to be proud of ItIsNotFunny has much to be proud of ItIsNotFunny has much to be proud of ItIsNotFunny has much to be proud of
Default

Quote:
Originally Posted by Marphad View Post
I think you should not take this risk. Once you leave the country without AP, the application is considered as revoked as per my reading somewhere. I am trying to find link.
I would like to see lawyer's opinion on this.
__________________
I am not a lawyer. Above information is only reflecting my knowledge visiting forums and talking to people and their experience.

RD: 6/7/07, ND: 6/19/07, FP: 7/21/07
485 LUDs: 7/23, 7/24 & 7/28
EAD Approved: 9/12
AP Approved : 9/24
Bookmark and Share Compare Reply With Quote


  #8  
Old 12-03-2008, 06:51 PM
Member
Priority Date
:
Oct-06
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Apr 2008
Posts: 37
siddar is infamous around these parts siddar is infamous around these parts
Default Candidate physically in US, on the date of AP approval

Candidate should be physically present in USA, on the date of AP approval. Otherwise, that AP is not valid. When the candidate try to enter US, the IO will verify this information and may permit accordingly.
I-485 application considers abandoned, if a candidate leaves US without any valid Visa to re-enter. Remember, H1 / H4 cannot be stamped after I-485 approval.

I'm a layman like you, please consult an attorney.
Bookmark and Share Compare Reply With Quote


  #9  
Old 12-03-2008, 09:17 PM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: Nov 2007
Posts: 103
laksmi is on a distinguished road
Default

Quote:
Originally Posted by vik352 View Post
My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.

I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?

Thanks!
If your wife is having H4 visa on her passport and visa is still valid, she can use H4 itself to move in and out of country, no need of AP.
Bookmark and Share Compare Reply With Quote


  #10  
Old 12-08-2008, 12:58 PM
Member
Priority Date
:
Nov-04
Category
:
EB3
I140 Mailed Date
:
05/15/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/28/2008
Compare
Join Date: Jan 2008
Posts: 27
vik352 will become famous soon enough vik352 will become famous soon enough
Default

Her H4 is not valid. She did travel to India without an approved AP.

Can we cancel her GC application and bring her back on H4?

Any other options?
Bookmark and Share Compare Reply With Quote


  #11  
Old 12-08-2008, 01:16 PM
Member
Priority Date
:
Jan-04
Category
:
EB2
I140 Mailed Date
:
02/14/2008
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
09/04/2008
Compare
Join Date: Feb 2007
Posts: 52
aamchimumbai is infamous around these parts aamchimumbai is infamous around these parts aamchimumbai is infamous around these parts
Default

Vik352,

I am in the same situation as yours. I am assuming that this is your first AP application and not renewal, right?

In my case, I am on H1 and my wife is on H4. For both, visa is NOT stamped in our passports. We received a letter from NSC saying that both our AP applications were approved on 10/21/08. I received my approved AP application but we never received hers. We followed up with the NSC and local USCIS office both confirmed that our application were approved. Therefore, she left US to visit India on 11/15/08. Two days later after her departure we received RFE on photos. Weird. Anyways. We did respond her RFE few days ago.

But now the question is can she return with her approved AP, which may have a later date than her departure OR we need to go for H1/H4 stamping. I am not sure what will happen at the POE when we show up with our APs.

Anyone in similar situation?

Thanks.




Quote:
Originally Posted by vik352 View Post
My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.

I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?

Thanks!
Bookmark and Share Compare Reply With Quote


  #12  
Old 12-08-2008, 01:17 PM
Senior Member
Priority Date
:
Jul-01
Category
:
EB3
I140 Mailed Date
:
07/28/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
11/30/2004
Compare
Join Date: Feb 2006
Posts: 279
nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute
Default

Quote:
Originally Posted by vik352 View Post
Her H4 is not valid. She did travel to India without an approved AP.

Can we cancel her GC application and bring her back on H4?

Any other options?
Why don't you take info pass and explain the need for an emergency visit and get an interim AP?

Thanks
__________________
GC holder since on 6/27/2007
Contributed $100 for Advocacy day
Bookmark and Share Compare Reply With Quote


  #13  
Old 12-08-2008, 02:10 PM
Senior Member
Priority Date
:
Oct-05
Category
:
EB3
I140 Mailed Date
:
09/06/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/06/2007
Compare
Join Date: Jul 2007
Posts: 355
javadeveloper has a reputation beyond repute javadeveloper has a reputation beyond repute javadeveloper has a reputation beyond repute javadeveloper has a reputation beyond repute javadeveloper has a reputation beyond repute javadeveloper has a reputation beyond repute javadeveloper has a reputation beyond repute javadeveloper has a reputation beyond repute javadeveloper has a reputation beyond repute javadeveloper has a reputation beyond repute javadeveloper has a reputation beyond repute
Default

Quote:
Originally Posted by aamchimumbai View Post
We received a letter from NSC saying that both our AP applications were approved on 10/21/08.
Keep this proof while traveling , you can try to convince IO that you went outside US by assuming that the AP is approved.Thats the best you can do
__________________
Contributed $100.
Bookmark and Share Compare Reply With Quote


  #14  
Old 12-08-2008, 03:35 PM
Senior Member
Priority Date
:
Sep-04
Category
:
EB3
I140 Mailed Date
:
06/20/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/07/2007
Compare
Join Date: Aug 2006
Posts: 419
ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of
Default

Quote:
Originally Posted by vik352 View Post
Her H4 is not valid. She did travel to India without an approved AP.

Can we cancel her GC application and bring her back on H4?

Any other options?
According to my attorney, if you are in valid H1 status, your wife can get her H4 stamped, reenter on an H4 and still maintain her GC application. Once she comes back, she can go back to work on her EAD and transition into I-485 pending status.
__________________
PD Sep 2004 EB3 RIR
LC approved Jan 2007
I-140 approved June 2007
I-485 delivered to NSC 8 August 2007
Receipted at TSC 2 October 2007
Bookmark and Share Compare Reply With Quote


  #15  
Old 12-08-2008, 04:19 PM
Member
Priority Date
:
Nov-04
Category
:
EB3
I140 Mailed Date
:
05/15/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/28/2008
Compare
Join Date: Jan 2008
Posts: 27
vik352 will become famous soon enough vik352 will become famous soon enough
Default

Thanks ashkam. I am still on H1, this is exactly what I needed to hear. I will confirm this with my attorney too. Thanks again!

Quote:
Originally Posted by ashkam View Post
According to my attorney, if you are in valid H1 status, your wife can get her H4 stamped, reenter on an H4 and still maintain her GC application. Once she comes back, she can go back to work on her EAD and transition into I-485 pending status.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Similar Threads
Thread Thread Starter Forum Replies Last Post
Important question on Travel GCNirvana007 All other Green Card Issues 9 08-10-2009 05:15 AM
Important to know GCeffect All other Green Card Issues 4 07-08-2008 11:17 AM
Very Important about AP shimul99 All other Green Card Issues 5 10-17-2007 07:30 PM
Very Important sunshine2007 All other Green Card Issues 13 08-27-2007 07:07 PM
important wam4wam Retrogression, priority dates and Visa bulletins 32 09-19-2006 09:15 PM



All times are GMT -4. The time now is 01:45 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 3.3.0 (Unregistered)
(c)ImmigrationVoice.org