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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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  #1 (permalink)  
Old 07-18-2007, 09:47 AM
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Default Can I leave USA before I get recept notice of I485

Guys,
I have a quick question I filed my I485 on Jul 02,2007 and as you know have'nt got any receipt but I need to go to India. Can I do that without jeopardizing my I485 application.
I cannot come back before 17 August as I need to get my Visa stamped and my VISA appointment is for 22 August.

Thanks for your answers in advance.
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  #2 (permalink)  
Old 07-18-2007, 09:57 AM
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Default

I asked the same question to my lawyer and he said that it should be ok if u r going to use h1 to re-enter... but i have read on some forums that it would be better if we had reciept notice..

as far as the legality goes, i guess u r only required to be present in the us while applying, which must be july 2nd in ur case... but someone plz correct me if i am wrong..

pal
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  #3 (permalink)  
Old 07-18-2007, 10:04 AM
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Default

No one knows whether you have to be legally present when they receive it or when they enter it into the "system" to give you a receipt no. This is what the lawyer said. So I would not jeopordize and travel unless it is a life and death situation. I think the person just has a visa appointment so i would not go for it. My lawyer adviced my husband to cancel his visa appointment in Canada and we did that.

Quote:
Originally Posted by coolpal
I asked the same question to my lawyer and he said that it should be ok if u r going to use h1 to re-enter... but i have read on some forums that it would be better if we had reciept notice..

as far as the legality goes, i guess u r only required to be present in the us while applying, which must be july 2nd in ur case... but someone plz correct me if i am wrong..

pal
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  #4 (permalink)  
Old 07-18-2007, 10:08 AM
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thanks guyz.
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  #5 (permalink)  
Old 07-18-2007, 10:32 AM
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Quote:
Originally Posted by jazzy
thanks guyz.
I talked to the immigration officer other day and he said it is perfectly ok to travel without having a receipt no. if you are on H1-b. There will be no issue when you go for visa appointment as well. In the d-156 form you will have to mention "yes" for the question " has anyone applied for immigrant visa on your behalf".
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inUSA2000
-----------------------
PD: March 2002
I 140: June 2006
WIFE
RD: June 29th 2007
ND: 08/14/2007
EAD:08/23/2007, Received
FP: Notice Received on 08/30 and FP on 09/15 Done
I485: LUD 09/17/2007, 09/18/2007
AP: LUD 08/28, 08/29, 08/31 App'd, Rc'd
SELF
RD: Jun 29th 2007
ND: 08/14/2007
EAD: 08/25/2007, Received
FP: Notice Rc'd on 08/30 and FP on 09/15 Done
I485: LUD 09/17/2007, 09/18/2007
AP: LUD 08/28, 08/29, 08/31 App'd, Rc'd
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  #6 (permalink)  
Old 07-18-2007, 10:43 AM
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Quote:
Originally Posted by inUSA2000
I talked to the immigration officer other day and he said it is perfectly ok to travel without having a receipt no. if you are on H1-b. There will be no issue when you go for visa appointment as well. In the d-156 form you will have to mention "yes" for the question " has anyone applied for immigrant visa on your behalf".
Good stuff. this is exactly what my lawyer related to me as well. In addition he also said that if by the time we get to the Interview to get the Visa Stamp on the passport we have to mention that when asked and if we have a receipt # then we should give it to them at the interview.
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  #7 (permalink)  
Old 07-18-2007, 11:01 AM
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Quote:
Originally Posted by illusions
Good stuff. this is exactly what my lawyer related to me as well. In addition he also said that if by the time we get to the Interview to get the Visa Stamp on the passport we have to mention that when asked and if we have a receipt # then we should give it to them at the interview.
I am going on vacation starting July 20th. I did not get my receipt number so far and have a visa appointment on July 25th. Hopefully eveything would go fine.
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inUSA2000
-----------------------
PD: March 2002
I 140: June 2006
WIFE
RD: June 29th 2007
ND: 08/14/2007
EAD:08/23/2007, Received
FP: Notice Received on 08/30 and FP on 09/15 Done
I485: LUD 09/17/2007, 09/18/2007
AP: LUD 08/28, 08/29, 08/31 App'd, Rc'd
SELF
RD: Jun 29th 2007
ND: 08/14/2007
EAD: 08/25/2007, Received
FP: Notice Rc'd on 08/30 and FP on 09/15 Done
I485: LUD 09/17/2007, 09/18/2007
AP: LUD 08/28, 08/29, 08/31 App'd, Rc'd
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  #8 (permalink)  
Old 07-18-2007, 11:02 AM
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Default My lawyer has a different viewpoint

Hi,

Here is what I got when I asked him about my travel to Canada for H1-B stamping:

I forgot to say that you should have your I-485 receipt when you go to Canada. That is a good reason to file as soon as possible after July 1.


8 CFR 245.2(a)(4)(ii)(C)

"The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status . . ."

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  #9 (permalink)  
Old 07-18-2007, 11:20 AM
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Quote:
Originally Posted by mksatish
Hi,

Here is what I got when I asked him about my travel to Canada for H1-B stamping:

I forgot to say that you should have your I-485 receipt when you go to Canada. That is a good reason to file as soon as possible after July 1.


8 CFR 245.2(a)(4)(ii)(C)

"The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required) and the original I-797 receipt notice for the application for adjustment of status . . ."


Does this mean you cannot leave the country without the receipt notice? this sounds different than what the immigration officer told me. infact i talekd to more than one immigration officer on 2 different days and they said the same that you do not need you receipt notice if you are travelling on a h1-b.
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inUSA2000
-----------------------
PD: March 2002
I 140: June 2006
WIFE
RD: June 29th 2007
ND: 08/14/2007
EAD:08/23/2007, Received
FP: Notice Received on 08/30 and FP on 09/15 Done
I485: LUD 09/17/2007, 09/18/2007
AP: LUD 08/28, 08/29, 08/31 App'd, Rc'd
SELF
RD: Jun 29th 2007
ND: 08/14/2007
EAD: 08/25/2007, Received
FP: Notice Rc'd on 08/30 and FP on 09/15 Done
I485: LUD 09/17/2007, 09/18/2007
AP: LUD 08/28, 08/29, 08/31 App'd, Rc'd
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  #10 (permalink)  
Old 07-18-2007, 12:42 PM
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Default Better not to go out of Country

I am in a similar problem. I actually went to Mexico on 7/12/2007 and got my VISA Stamped after I applied for 485 on July 2nd. I still haven't got a receipt. I went to Mexico because I thought all Applications will be rejected and I should be ok. But, Surprisingly USCIS accepted all applications and put me in mess.

Anyways I also talked to two different persons in Immigration Office and they said it shouldn't be a problem. My lawyer said it shouldn't be a problem given the "circumstances".

But, yesterday I asked my lawyer whether my wife can travel to India @ end of July before getting receipt she said NO. I confirmed with three different law firms and everybody said NOT to go out of the Country.

If I had know my application is going to be accpeted I wouldn't go out of contry. After all I have waited for this for 8 years.

Regards,
Nachi
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  #11 (permalink)  
Old 07-18-2007, 12:51 PM
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Default

I think it is clear from the last line "and the original I-797 receipt notice for the application for adjustment of status . . ." that you need to have the receipt ...
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  #12 (permalink)  
Old 07-18-2007, 01:00 PM
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Default Similar

Hello,

I'll be applying for my 140 and 485 (not the EAD) now by say July 30 and I'm travelling to India on Aug 18 for my wedding and coming back on Sep 8. Would I have any problems in the immigration when I come back. Even my wife would be coming back with me on H4 (she is attending the visa interview on Sep 4 for
H4).

Please advice if I'll have any problems.


Thanks
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  #13 (permalink)  
Old 07-18-2007, 01:18 PM
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inUSA2000 is on a distinguished road
Default

Quote:
Originally Posted by swaroopmukka
Hello,

I'll be applying for my 140 and 485 (not the EAD) now by say July 30 and I'm travelling to India on Aug 18 for my wedding and coming back on Sep 8. Would I have any problems in the immigration when I come back. Even my wife would be coming back with me on H4 (she is attending the visa interview on Sep 4 for
H4).

Please advice if I'll have any problems.


Thanks
I just talked to immigration officer again he explained this to me.
When you are on h1, you do not need to worry about the pending i-485. h1 is said to be dual intent. it is independent of your pending immigration petition.
__________________
inUSA2000
-----------------------
PD: March 2002
I 140: June 2006
WIFE
RD: June 29th 2007
ND: 08/14/2007
EAD:08/23/2007, Received
FP: Notice Received on 08/30 and FP on 09/15 Done
I485: LUD 09/17/2007, 09/18/2007
AP: LUD 08/28, 08/29, 08/31 App'd, Rc'd
SELF
RD: Jun 29th 2007
ND: 08/14/2007
EAD: 08/25/2007, Received
FP: Notice Rc'd on 08/30 and FP on 09/15 Done
I485: LUD 09/17/2007, 09/18/2007
AP: LUD 08/28, 08/29, 08/31 App'd, Rc'd
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  #14 (permalink)  
Old 07-18-2007, 01:36 PM
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Default What if i'm not there when Finger Print Notice comes?

Guys,
Pls explain this to me. I have a valid h1B till Jan 30th 2008 (stamping needed)

I applied 485 on July 2nd and suppose i get a receipt Notice August 2nd by mail and i leave for a 1 month vacation on Aug 30th till Sep 30th...

## Is it possible that my "FingerPrint" notice can come in the meanwhile or say the day i'm boarding the flight Aug 30th ??

## How soon FP notices comes - If i miss the date is it possible to get a 2nd notice without getting tangled in trouble ??

Thanks,

Quote:
Originally Posted by inUSA2000
I just talked to immigration officer again he explained this to me. When you are on h1, you do not need to worry about the pending i-485. h1 is said to be dual intent. it is independent of your pending immigration petition.
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  #15 (permalink)  
Old 07-18-2007, 01:44 PM
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Raks is on a distinguished road
Default original I-797 receipt notice for the application for adjustment of status

original I-797 receipt notice for the application for adjustment of status . . ." from the previous posting

I-797 receipt means it is H1-B receipt notice ...Am i correct...and not the 485 receipt notice?
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