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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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Old 11-16-2008, 11:36 AM
ibbu_arif ibbu_arif is offline
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Question Travelling to India while AP is Pending.

Hello Gurus,

I have been searching various posts and found answers to quite a few questions I had in mind, but as usual I am left out with few more queries

Following is my current Status

Pending I-485 Application, AP valid till Dec 6th 2008 and EAD Valid till Oct 2010.
Already applied for AP extension for me and my wife on Oct 10 2008 and awaiting for Approval.

I had travelled once on my AP in April 2008 for a week to Visit my sick mother... I understand that this Puts me on parolee status. But Please NOTE that I am still with my H1B Status with my employer. Didn't use my EAD for I-9 forms.

After returning, my employer applied for my H1B extension for 3 years ( I already completed my 6 yrs of H1B). It is already approved and I have a Approved/Valid H1B document till May 30 2011.

From the info in some posts, I understood that this extension puts me back into H1B Status.

Now the actual question :
-------------------------
I had to Visit India in Jan 2009. I already booked my tickets for Jan4th (you know how it is , you always have to book earlier ), with an anticipation that I will get my AP extension Approved before that time. (I gave 3 months time for myself)

If I get my AP approved before I leave then NO Issues, I will again use my AP to re-enter USA in Feb 2009.

But let's assume I don't get it Approved before I leave.

a) Am I allowed to travel outside USA while my AP is Pending ?

b) If allowed, Can my AP get approved while I am outside US (i.e in India) ? Or will they Cancel my AP application?

c) I know I should get my H1B Visa stamping done while in India to re-enter on H1B Status. Do you see any problems that the consular officer/POE officer can create like
why did I leave the country while my AP application is Pending ?
Why are applying for H1B Visa while you could have used your AP?

I appreciate your detailed answers.

Thanks
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  #2  
Old 11-20-2008, 05:01 PM
krishnam70 krishnam70 is offline
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Priority Date
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Oct-03
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krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future krishnam70 has a brilliant future
Default The rule says

Please see my responses inline

Quote:
Originally Posted by ibbu_arif View Post
Hello Gurus,

I have been searching various posts and found answers to quite a few questions I had in mind, but as usual I am left out with few more queries

Following is my current Status

Pending I-485 Application, AP valid till Dec 6th 2008 and EAD Valid till Oct 2010.
Already applied for AP extension for me and my wife on Oct 10 2008 and awaiting for Approval.

I had travelled once on my AP in April 2008 for a week to Visit my sick mother... I understand that this Puts me on parolee status. But Please NOTE that I am still with my H1B Status with my employer. Didn't use my EAD for I-9 forms.

After returning, my employer applied for my H1B extension for 3 years ( I already completed my 6 yrs of H1B). It is already approved and I have a Approved/Valid H1B document till May 30 2011.

From the info in some posts, I understood that this extension puts me back into H1B Status.

Now the actual question :
-------------------------
I had to Visit India in Jan 2009. I already booked my tickets for Jan4th (you know how it is , you always have to book earlier ), with an anticipation that I will get my AP extension Approved before that time. (I gave 3 months time for myself)

If I get my AP approved before I leave then NO Issues, I will again use my AP to re-enter USA in Feb 2009.

But let's assume I don't get it Approved before I leave.

a) Am I allowed to travel outside USA while my AP is Pending ? You can if you have - YOU can travel provided you will have a valid visa when you try and enter USA. Which means in this case a valid H1 visa in your passport

b) If allowed, Can my AP get approved while I am outside US (i.e in India) ? Or will they Cancel my AP application? NO its deemed as abandoned, unless you get lucky and they somehow approve it.

c) I know I should get my H1B Visa stamping done while in India to re-enter on H1B Status. Do you see any problems that the consular officer/POE officer can create like
why did I leave the country while my AP application is Pending ? You can state your urgency of visit and tell them you are willing to forego the application for AP renewal
Why are applying for H1B Visa while you could have used your AP? You want to maintain your status and you still work in H1 status and have not used your EAD. Although you can maintain both the statuses valid.

I appreciate your detailed answers.

Thanks
Rule
USCIS rules say your AP application is deemed as abandoned if you leave the country before its approved.

However as you have an H1 you should be ok if you get your stamping done in your India and can travel back in non-immigrant status but god forbid you get a denial you will not be able to enter US.

good luck
kris
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