PDA

View Full Version : Urgent travel - PD current and out of country


369
11-03-2011, 04:24 PM
I need to go to India, as someone in the family has fallen ill. Now I am on h4 have not been out of the country so no stamp. I will be traveling not my spouse. In the dec bulletin if the PD becomes current and I am out of the country, what happens then?

Also, if I leave after the PD becomes current and then I leave what happens to my status? Do I have to get some document before leaving the country? Do I have to still get stamping from India?

Any experts who can give suggestions would be great.

ajp5
11-03-2011, 05:25 PM
Sorry to hear about your relatives ill health. I'll let the gurus correct me if I am wrong. In your absense your spouse can apply for AOS for himself if he is the primary applicant. You will ofcourse miss out and not be able to file till you are back in the country so there is no question of abandoning your application because you haven't filed. You will need to get H4 stamping done and if you get stuck (infamous 221g) then its a problem. You cant come back without AP and you wont get EAD+AP till you file for AOS.
My suggestion - wait for 1 week and checkout the next visa bulletin. If you are on..file on Dec 1st with your spouse (ie get all medical tests done + EAD&AP) and leave. Finger printing receipt will take around 3 to 4 weeks - maybe even more. Hopefully you''ll be back after stamping. If you get stuck, I heard people still get EAD AP without fingerprint.(not sure though...GURUS??????) USCIS will ask you to get fingerprinting done when they come back to your application at the end of FY or whenever it becomes current

Also, be realitic about your Priority date. if you are before March 1st 2008, there is good chance you will be able to file in the next or the visa bulletin after that. All the best

eastwest
11-03-2011, 05:37 PM
My first reaction is you are taking chances.

Going for stamping Visa is like buying a lottery ( You never know), but if this is something you can not avoid type of visit, consult an attorney and prepare proper documents before leaving USA.

Thanks
Prasun

369
11-03-2011, 06:50 PM
I am not the primary my wife is ( I know..another discussion topic) for now. If I have understood it correctly if PD becomes current we can file for I-485 on Dec 1 and do all the medical, fingerprinting etc, and then it will take a while for the EAD AP to come in mail correct?

So I can do all the formalities and go and when EAD AP comes in mail, ask my wife to mail it so when I enter the U.S I enter on AP is this correct?

Else the other option is to go on h4 get stamping from mumbai consulate and then come back and file for 1-485?

What docs will I need to take if I go on H4, wife does not have stamping either, so I assume primary applicants I-795? and other docs?

thanks for the quick response.

rkg000
11-03-2011, 10:55 PM
I am not the primary my wife is ( I know..another discussion topic) for now. If I have understood it correctly if PD becomes current we can file for I-485 on Dec 1 and do all the medical, fingerprinting etc, and then it will take a while for the EAD AP to come in mail correct?

So I can do all the formalities and go and when EAD AP comes in mail, ask my wife to mail it so when I enter the U.S I enter on AP is this correct?

Else the other option is to go on h4 get stamping from mumbai consulate and then come back and file for 1-485?

What docs will I need to take if I go on H4, wife does not have stamping either, so I assume primary applicants I-795? and other docs?

thanks for the quick response.

You'll not be able to use AP unless you have it in your hand before leaving US. in your case most appropriate step would be to get H4 stamped in India if you can't wait long.

369
11-04-2011, 07:39 AM
It looks more and more like what you guys have suggested that go on h4 and get stamping for coming back. But if the PD becomes current while I am out of the country, will I be able to come back and file I-485?

If I wait to file I-485 and do all the formalities etc, what do you think is the expected time frame when I would know of my approval online?

amit_sp
11-04-2011, 07:58 AM
It looks more and more like what you guys have suggested that go on h4 and get stamping for coming back. But if the PD becomes current while I am out of the country, will I be able to come back and file I-485?

If I wait to file I-485 and do all the formalities etc, what do you think is the expected time frame when I would know of my approval online?

369: I am sorry to hear about your situation. In order to file for I-485 (and EAD\AP); one needs to be physically present in US. You can do your medical exam; have photographs ready and fill-in the forms with your signatures now. Please be aware that the exam results are valid only for 6 months. As the bulletin is valid for the whole month; you would be fine ONLY IF you come back to US and mail all the docs to USCIS before Dec 31st.
As your visa has expired; you need to get it stamped. For H-4; I haven't seen any issues getting the stamping done but get all the necessary documents and secure an appointment and air tickets as that could pose risks. You need to get H4 stamped as it usually takes 2-3 months to receive EAD\AP in hand even if you file for 485\EAD\AP on Dec 1st. All the best!!!

GCHope2011
11-04-2011, 09:54 AM
I am not the primary my wife is ( I know..another discussion topic) for now. If I have understood it correctly if PD becomes current we can file for I-485 on Dec 1 and do all the medical, fingerprinting etc, and then it will take a while for the EAD AP to come in mail correct?

So I can do all the formalities and go and when EAD AP comes in mail, ask my wife to mail it so when I enter the U.S I enter on AP is this correct?

Else the other option is to go on h4 get stamping from mumbai consulate and then come back and file for 1-485?

What docs will I need to take if I go on H4, wife does not have stamping either, so I assume primary applicants I-795? and other docs?

thanks for the quick response.
To be clear, you cannot file I-485 (and consequently, the AP/ EAD), if you are not physically present in the US. Also, once you have filed your I-485, you cannot leave the country without the AP. Leaving the country without AP will mean that you will need to get the H4 stamp anyways.

However, you can remain in the US, file for I-485, AP & EAD and in the AP application, put the delivery address to your foreign address. That will make sure that your AP comes to your foreign address, which you can then use to re-enter the US.

manchala
11-04-2011, 10:25 AM
There are some pretty good suggestions from our friends already. Like the one in GCHope2011.

Let me share my knowledge on this.

You can file right away on 1st Dec. Once you get the receipt, you can go to local office and get AP as you have a valid reason(I heard this from few friends). For finger printing also, you can reschedule as it is urgent matter.
So do not worry there are options. Talk to your attorney and make sure you apply 485 if you can instead of going for stamping. There is a good chance dates might retrogess.

Also please update your profile with your PD and all..... that helps other members to give you proper guidance.

369
11-04-2011, 11:54 AM
Thanks for all the good suggestion.
I was talking to friend yesterday and this is what he told me but not sure how accurate it is.

If I file for i-485 and ead/ap together and once I get approval notice online. i can actually go to a local INS center and get a stamping on my passport and then travel? Does anyone have any experience with this.

Its so close to PD becoming current and I don't want to mess up leaving the country and then getting stuck or something. But at the same time the travel is also kind of urgent, I can delay it but only to a certain extent.

Just though I would share. thanks again for the good suggestion everyone.

369
11-13-2011, 10:40 AM
Can someone tell me after how many days after filing for AP can I take an Info pass appointment and ask for an emergency AP.

Will talking to a congressman help me get an emergency parole faster.

I also wanted to know how do you guys carry money to India, as in credit card? debit cards? travelers checks or cash from here and then convert.

I have credit cards that have foreign transaction fees, and I want to be able to get the best exchange rates wile keeping the fees as low as possible.
Is there fees for debit cards? can I use my debit card to withdraw cash from atm? or just swipe and use it like i do it here for transactions.

bandoayan
11-13-2011, 11:33 AM
I also wanted to know how do you guys carry money to India, as in credit card? debit cards? travelers checks or cash from here and then convert.

I have credit cards that have foreign transaction fees, and I want to be able to get the best exchange rates wile keeping the fees as low as possible.
Is there fees for debit cards? can I use my debit card to withdraw cash from atm? or just swipe and use it like i do it here for transactions.

You will get the best exchange rate if you carry cash, but never convert in the airport as they give you the worst exchange rates. Debit/ credir cards incur transaction fee for using ATM in India. The other option is to send money using any of the remittance like SBI, ICICI etc.

dingox100
11-14-2011, 09:27 AM
Can someone tell me after how many days after filing for AP can I take an Info pass appointment and ask for an emergency AP.

Will talking to a congressman help me get an emergency parole faster.

I also wanted to know how do you guys carry money to India, as in credit card? debit cards? travelers checks or cash from here and then convert.

I have credit cards that have foreign transaction fees, and I want to be able to get the best exchange rates wile keeping the fees as low as possible.
Is there fees for debit cards? can I use my debit card to withdraw cash from atm? or just swipe and use it like i do it here for transactions.

Hi,
I was in similar situation last year when my Dad suddenly expired and i coudlnt go becoz of the AP. My Visa at that time was just expired and i didnt had AP. Immediatly i applied for AP and went to local office to get a emergency AP. I went to 3 USCIS offices (GA, SC, NC). but no luck. They said i would have to wait atleast 30 days before they can do anything. So i coudlnt go for my dad's funeral.
the next month i approached my local Congressman and had my AP expedited through him and went to india one month later.
So moral of the story is dont wait on AP if you have an emergency. If you can get a H4 visa stamped then its better to get that than waiting. This is just my view.

diptam
11-14-2011, 09:44 PM
1. If your Travel is really that urgent dont waste time on these discussions , Predictions. Carry the papers for H4 stamping ( Like H1's I-797 copy, Your I-539 if you got H-4 approval while at US , Marriage Cert, Marriage Photo's etc.. etc... and set up appointment) . I haven't heard if a Primary H1 spouse is already at US , they are stopping dependent H4. Unless if a H-4 starts screaming that I would go and work at US !! Maintain low profile and keep all docs ready - you will get it.

2. Regarding I-485 filing , let your Primary (wife) file hers while you are abroad. Once you come back you do your derivative filing. PD's in EB2 category doesn't look that volatile. I'm not a astrologer but there hasn't been any such negative trends.

If you are talking about filing 485 , getting EAD/AP before travelling then its a minimum
2-3 month deal , you never know. Emergency AP's are granted for short duration like 15 days MAX and you have to prove the urgency.

Thanks for all the good suggestion.
I was talking to friend yesterday and this is what he told me but not sure how accurate it is.

If I file for i-485 and ead/ap together and once I get approval notice online. i can actually go to a local INS center and get a stamping on my passport and then travel? Does anyone have any experience with this.

Its so close to PD becoming current and I don't want to mess up leaving the country and then getting stuck or something. But at the same time the travel is also kind of urgent, I can delay it but only to a certain extent.

Just though I would share. thanks again for the good suggestion everyone.

369
11-18-2011, 04:23 PM
Thank you all for the responses. My situation is emergency but its kinda those situations where it can be delayed a bit like 3-4 weeks. So I am thinking of asking my lawyer to file for Expedited AP, so that I can get it soon as well as it also valid for a year and I don't have to worry about returning in 30 days in case of emergency AP.