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Self-filing, documents, forms, directions, mailing. Self-filing, documents, forms, directions, mailing.

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Old 07-16-2008, 10:34 PM
Junior Member
Priority Date
:
Nov-05
Category
:
EB2
I140 Mailed Date
:
09/12/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/03/2007
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Join Date: Jul 2007
Posts: 24
zoho is infamous around these parts zoho is infamous around these parts
Default Traveling to India while 485 PD is current

Hi,

I filed 485 in july 2007 and PD is 11/21/2005.Mine is Eb2 category.
I have valid H1B visa till 2010.My AP is going to expire in 09/2008.
I am planning to travel to India in november for one month.
what wll happen if 485 is approved while I am in india.Can I enter US with
H1B visa .or should I have the AP at that time at POE?
My wife is already in India and she going to coming to US along with me in November.If AP is required at POE ,how to apply her AP as she is in India.

your advice in this regard is highly appreciated.

Thanks in advance
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  #2 (permalink)  
Old 07-16-2008, 11:31 PM
Member
Priority Date
:
Apr-06
Category
:
EB2
I140 Mailed Date
:
09/15/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
Compare
Join Date: Aug 2006
Posts: 75
srgadi is on a distinguished road
Default

Refer to this thread for answers.

http://immigrationvoice.org/forum/sh...871#post261871

If you are maintaining your H1 status (i.e. not using EAD) and your wife is in H1 or H4 status, you can re-enter as long as you both have valid H1/H4 visas in your passports. If your I-485 is approved while you are in India and you don't have AP then you will be let in after secondary inspection. You will have to appear within 30 days at local USCIS office to prove your new status. I confirmed this with my immigration attorney.
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