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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 10-08-2007, 04:55 PM
Junior Member
Priority Date
:
Jan-04
Category
:
EB3
I140 Mailed Date
:
02/02/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
02/02/2004
Compare
Join Date: Jul 2007
Posts: 16
krcreddy can only hope to improve
Default Travel India w/o AP

Hello All,


I filed I-485, 765 & 131 on July 3rd.

Service center: NSC

Receipt date: 08/14

FP: 09/30

EAD: 10/02

AP: Waiting

My H1b is valid until 12/17/2007. And the visa in the passport is expired. I am planning to travel India this month.

Can I travel without AP and use AP to re-enter?

I am sure this type of question might have asked for thousand times. I am not able to locate them.

Thanks
krc
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  #2 (permalink)  
Old 10-08-2007, 05:05 PM
Senior Member
Priority Date
:
Jan-02
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
Labor Certification
I485 Mailed Date
:
Compare
Join Date: May 2006
Posts: 181
dan19 is on a distinguished road
Default

As far as I know, you should NOT leave US before receiving AP (If you plan to come back using AP).

If the officer at Port of Entry finds out that you left before receiving AP, he may not allow you to re-enter on AP.


Quote:
Originally Posted by krcreddy View Post
Hello All,


I filed I-485, 765 & 131 on July 3rd.

Service center: NSC

Receipt date: 08/14

FP: 09/30

EAD: 10/02

AP: Waiting

My H1b is valid until 12/17/2007. And the visa in the passport is expired. I am planning to travel India this month.

Can I travel without AP and use AP to re-enter?

I am sure this type of question might have asked for thousand times. I am not able to locate them.

Thanks
krc
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  #3 (permalink)  
Old 10-08-2007, 05:09 PM
Donor
Priority Date
:
Mar-03
Category
:
EB3
I140 Mailed Date
:
03/05/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/08/2007
Compare
Join Date: Apr 2006
Posts: 463
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Default

Quote:
Originally Posted by krcreddy View Post
Hello All,


I filed I-485, 765 & 131 on July 3rd.

Service center: NSC

Receipt date: 08/14

FP: 09/30

EAD: 10/02

AP: Waiting

My H1b is valid until 12/17/2007. And the visa in the passport is expired. I am planning to travel India this month.

Can I travel without AP and use AP to re-enter?

I am sure this type of question might have asked for thousand times. I am not able to locate them.

Thanks
krc
you need either a valid stamped H1 visa on your passport or an AP to enter into the US once you leave U.S
__________________
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  #4 (permalink)  
Old 10-08-2007, 06:03 PM
Junior Member
Priority Date
:
Jan-04
Category
:
EB3
I140 Mailed Date
:
02/02/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
02/02/2004
Compare
Join Date: Jul 2007
Posts: 16
krcreddy can only hope to improve
Default

As I mentioned I have H1B validity until 12/17/2007.

While I-485 (Adjustment Of Status) is pending, can I go for stamping?

Will it abandon I-485?

Thanks
krc
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  #5 (permalink)  
Old 10-08-2007, 06:05 PM
Senior Member
Priority Date
:
Jan-02
Category
:
N/A
I140 Mailed Date
:
07/12/2003
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/12/2003
Compare
Join Date: Feb 2006
Posts: 167
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Quote:
Originally Posted by krcreddy View Post
As I mentioned I have H1B validity until 12/17/2007.

While I-485 (Adjustment Of Status) is pending, can I go for stamping?

Will it abandon I-485?

Thanks
krc
1.Yes, you can get it Stamped
2. No
__________________
Disclaimer: NOT Legal Advice

Primary
PD: June 15th 2002 - EB3 (India)
I-485(Self) : July 14, 2005
GC Recd: Jun 29th 2007

Secondary
Spouse(Derivative)
NSC 485/EAD/AP: RD/ND Jun 12th 2007: July 9th 2007FP : 08/22/2007,
EAD Received : 09/20/2007
AP : Approved 10/4/2007; Received 10/30/2007
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  #6 (permalink)  
Old 10-08-2007, 06:06 PM
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Aug 2007
Posts: 104
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Quote:
Originally Posted by krcreddy View Post
As I mentioned I have H1B validity until 12/17/2007.

While I-485 (Adjustment Of Status) is pending, can I go for stamping?

Will it abandon I-485?

Thanks
krc

Yes, ofcourse. You should go for your H1 stamping irrespective of the status of your I-485. Your I-485 and H1 are not related - your I-485 will continue till you get a GC. Once you get a GC, your H1 is deemed invalid immediately. But you cannot enter US back on AP unless you had a AP when you left. i.e. AP cannot be mailed overseas without approval. Only consulates have the right to send AP out of the country.
__________________
EB3 - India (PD:10/28/2003)
Receipt Date Assigned: 9/7/2007
Checks Cashed: 9/1/2007
Notice Date: 9/7/2007
EAD Approved: 9/27/2007
FP Notices Received: 9/23/07 (App. Dt 10/13/2007)
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  #7 (permalink)  
Old 10-08-2007, 06:07 PM
Senior Member
Priority Date
:
Oct-06
Category
:
EB2
I140 Mailed Date
:
11/10/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
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Join Date: Aug 2007
Posts: 111
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Adding to the original question,
If the Visa is expired on the passport, and you are working on EAD and have a valid AP, will customs and immigration officers in India let you board the flight ? Will they be aware of Advance Parole ?
__________________
PD: Oct 2006
EB2
I-140 approved 12/06.
I-485, AP, EAD Filed 7/2/07 NSC
RD: 7/30/07, FP: 8/24/07
EAD received - 09/24/07
AP: 10/20/07
2nd EAD received - 8/28/08 (2 year validity)
3rd EAD: received - 8/25/10 (2 year validity)
2nd AP: applied 08/29/08, received on 11/11/08
3rd AP: applied 1/25/10, received on 04/14/08
LUD: I-485 - 8/26/07, 5/6/08 (address change)
Hard LUD (RFE) asking for G 325 & birth cert - 03/09
USCIS recvd the response 4/8/09 - same day hard LUD - under process
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  #8 (permalink)  
Old 10-08-2007, 06:53 PM
Junior Member
Priority Date
:
Jan-04
Category
:
EB3
I140 Mailed Date
:
02/02/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
02/02/2004
Compare
Join Date: Jul 2007
Posts: 16
krcreddy can only hope to improve
Default

Thanks to everyone.

So the conclusion is ....

1. Attending for H1B stamping is no HARM. Can be travelled back with H1B without AP. I-485 is not abandoned by doing this.
2. If I would like use AP, wait until the approval of AP before leave US.
3. AP can't be mailed internationally. In other words it can't be used in one direction.

Please correct me if I am wrong.
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