Mother in serious condition - may need to travel to India

[RDS]

My mother has been hospitalized in India and is in "Intensive Care Unit". She has two major surgeries -back to back - Hip Bone Replacement and Intestine.
Her condition is worsening.( Father expired 12 years ago)
I may need to travel immediately to attend her.

My and family's Visa and AOS Statuses are as below,

1. My H1-B is valid till 03/28/08 ( Mar 2008) - Extension applied on 10/17/2007
2. Family( wife and two kids) is in US. H4 is valid till 12/31/2007 ( Dec 2007)- Extension applied on 10/17/2007
3. Received I485 Receipts for me and my family
4. Fingerprinting done for me and family
5. Received EAD for me and wife
6. No AP yet - neither receipt # nor any document

Can you please guide me on if I need to travel to India - immediately in Nov 07
1. Only me ( because I have valid H1 till Mar 2008)
2. Me and my family ( their H4 is only till Dec 07)

I know I can travel on my H1 since stamping is available till mar 08.
Still I wanted guidance
What is the situation of visa status for my family if I am out of US on 31 Dec 07?
What is the best course of action?
What care shall I take regarding travel plan?
I am particularly concerned that if I travel alone or shall I take family also- brcause their H4 is expiring on 31 Dec 07 and no AP yet.

Any guidance is welcome..

[senthil]

sorry about your situation. good that you have applied for adjustment of status. i believe especially in this situation of emergency can be proved to a visa officer ( you may have to take infopass appt ) and get an AP approval on the same day or sooner. Having AP might help lessen hassle than going stamping.

Im pretty sure you'll hear from other members who have gone through situations like this. hang on.

[roseball]

Sorry about your situation....

You can go to the local USCIS office and get an emergency AP issued...You will need to take your I-485 receipt notices and some proof of medical condition (current hospital records, etc.)....One of my friends was recently in a similar situation and he got his AP issued in a couple of hours......

[insbaby]

Sorry for your situation.

Think about going alone and come back with your valid H1B stamp, do it NOW than doing it towards end of your H1B stamp. If you include your family, you spend time in checking with lawers , forums and wasting your valuable time to see your mother when she really needs to see you and get moral support. Defintely you owe this to her.

You are lucky you have a valid H1B stamp.

Its one other example of how this stupid GC changed our life. When there is an emergency to support our parents, GC and Visa status come before parents.

[diptam]

Please Carry following during Infopass Appointment
Cashiers check for new fee of $305
, some proof of emergency
, 485 receipt
, a small write up why you need emergency-AP (you can copy-paste lines from from your description above)
, 2 PP photograhs (optional - they probably have a camera)
, AirLine Ticket (optional - backup for a tough,adamant IO)

They will probably issue a interim emergency AP for 2 weeks, push them for 4weeks and settle at 3 weeks. Do not worry at all - Most infopass IO's were immigrants at some point of time and now naturalized citizens and they understand these problems and you should be all set.

Do NOT go for H1 stamping in this mental condition. Hope your mother gets well. Everything will be all right.

Originally Posted by roseball

Sorry about your situation....

You can go to the local USCIS office and get an emergency AP issued...You will need to take your I-485 receipt notices and some proof of medical condition (current hospital records, etc.)....One of my friends was recently in a similar situation and he got his AP issued in a couple of hours......

[zzsbzz]

Your immigration status is reasonably safe. Any issues can be worked around. You should definitely go ASAP if your mother is in serious condition. You can take your family with you but in the worst case they will need to wait for their AP before they can return. While they are there they might also be able to get their H4 be visa renewed. Also, you can consider getting your H1B renewal upgraded to premium processing if you want an additional safety net.

[shreekarthik]

USCIS Rule Removing 485 Original Receipt Requirement for H or L Alien on International Travel Not to Abandon Pending I-485 Application

* This rule is published and took effect today. Accordingly, effective today, the I-485 applicants in H or L nonimmigrant status do not have to carry with them the original I-485 Receipt Notices for international travel to return to the U.S. without jeopardizing their pending I-485 applications. Read on.

Contact your attorney and verify this rule. Family comes first man. America is built on Family values.

[RDS]

Thanks guys for your immediate response.
I am taking immediate steps for travel.

[virtual55]

Also try to upgrade your H1B to premium process, I would check with attorney. I hope your mom will do fine.

[reachinus]

Originally Posted by RDS

Thanks guys for your immediate response.
I am taking immediate steps for travel.

Hi RDS,

Sorry to hear about your situation. Please make sure you get the H1 approval or else if you leave US when its pending its considered as abandoned. Check with your lawyer.

Thanks

[waitin_toolong]

There are two parts to H1 extension. One is the approval of new I-129 the actual H1 petition and the extension of status. In your case even if you leave the country the only thing you will abandon is the extension of status. But you can use the new petition (I-797) to reenter or get a new H1 stamped, in case od dependents they do abandon their application altogether but they are still fine, as they can get a new stamp based on your H1 (current valid till My 2008... or extended petition).

In your case if you get back before the approval comes using the old stamp you will have to file for extension of status for all of you again. you cannot use the I-94 that comes with the approval.

Otherwise you are safe.

I hope your mom recovers and does well.

[brij523]

Originally Posted by RDS

I know I can travel on my H1 since stamping is available till mar 08.
Still I wanted guidance
What is the situation of visa status for my family if I am out of US on 31 Dec 07?

Your wife and dependent will be in status if they are in US even if the H4B visa / I-94 has expired.

What is the best course of action?

It is you who has to decide whether you want to take the family or not. If you take your family then plan to bring them back before the visa expires. Do take the receipt for H4-B extention and all other paperwork associated with immigration. Immigration paper would help to explain to the immigration authority that extention has been applied in case it is needed.

What care shall I take regarding travel plan?

I am particularly concerned that if I travel alone or shall I take family also- brcause their H4 is expiring on 31 Dec 07 and no AP yet.

Any guidance is welcome..

Hope your Mom gets well. Situation like these are very testing time for individuals.

[H1B-GC]

All the best with your Travel arrangements! and wish your Mom gets well soon.

[arnet]

our prayers are with you...

1. can you please check with USCIS or with attroney how to convert your existing H1B extension to premium? it will be approved less than 15 days if premium application (some times it even get approved within a week, if your employer agrees, you can file new premium processing H1 application costs i think around 1500-2000$, nt sure whether it is increased now after july 30th. i think you, employer might agree).

2. but on the safe side, try to get AP approved for you and for your family. You have H1 validality but safer to have AP always. get infopass or contact local congressman or senator office for help to get approval of H1/H4 & AP (or atleast your H1/AP).

3. i heard the following but you can check by calling VFS in india.

if you have H1B extension you and your family can get immediate VFS appointment for stamping appointment if you are travelling for emergency.

4. if possible, visit your mom ASAP that might help her and you emotionally.

5. Take all the immigration related papers/tax/recent 3-6 pay stubs/all w-2/appointment letter/current employment letter/EAD (saying abt your position, salary and you are working since mth/year xx/xxxx, job title,vacation period,etc), with you for your trip.

if your H1 got approved while you are out of country, some one can fedex H1 extension approval paper so that you can get stamping in india.

6. Talk to your immigration attroney for your situation before you travel or you buy your ticket.