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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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Old 07-21-2007, 01:39 AM
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muralip is on a distinguished road
Default I-485 filed, Emeregency travel to India

Hi,

Our I-485 applications have been filed recently. We have an emergency situation to be dealt in India. Wondering whether we can go India on regular H1 and H4 at this stage or not.

Advise.


Regards,
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Old 07-21-2007, 02:28 AM
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klpd4dc is on a distinguished road
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Quote from Greg Siskind's blog (http://blogs.ilw.com/gregsiskind/):

Note that 8 CFR 245.2(a)(4)(C) states the following:

(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


You may want to talk to your lawyer.
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Old 07-21-2007, 03:04 AM
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newxyz100 is on a distinguished road
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Quote:
Originally Posted by klpd4dc
Quote from Greg Siskind's blog (http://blogs.ilw.com/gregsiskind/):

Note that 8 CFR 245.2(a)(4)(C) states the following:

(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


You may want to talk to your lawyer.


But as per the link the received date is more important than the receipt date which states this..

USCIS wishes to assure all customers that the original received date (the date which the document is date stamped) will be honored and recorded on the receipt notice. This date will appear in the "Received Date" box on Form I-797, Notice of Action. The received date is different from the "Notice Date", which also appears on Form I-797. The Notice Date is the date the receipt notice was actually generated.


http://www.uscis.gov/files/pressrele...mes20Jul07.pdf


But in order to comply with the above law we can easily say that you may need receipt while returing back from India. If some one mails you your receipt you should be fine.
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