Immigration Voice - Forums
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > I-485, EAD/AP application, renewal and related > Travel out of country and re-entry during/after 485 filing
Click to log in with Facebook
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.

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 09-04-2007, 10:15 PM
Junior Member
Priority Date
:
Jan-04
Category
:
EB3
I140 Mailed Date
:
01/12/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Jul 2007
Posts: 8
KARAAND can only hope to improve
Default Green Card Pending Applicant to H4 for entering back to US!

My wife and I have applied for I485 on July 2nd (EB3 Jan 2004) and EAD/AP on Sep 4th after receiving the receipt. I am on H1B and same with my wife. My wife plans to leave her job so she will get on to "Green Card Pedning Applicant Status". We are going to India in Nov and coming back in Dec. I don't think we will get AP by that time. So I will be getting my renewed H1B stamped. Now if my wife doesn't get AP by the time we leave, could she just get H4 stamped and get back to US? please note she is not H4 right now. Will this affect her I485 application? My wife can't continue working which is the best case scenerio.
Bookmark and Share Compare Reply With Quote


  #2 (permalink)  
Old 09-04-2007, 10:39 PM
Senior Member
Priority Date
:
Jan-04
Category
:
EB3
I140 Mailed Date
:
12/17/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
7/23/2007
Compare
Join Date: Jul 2007
Posts: 108
gcpadmavyuh has a brilliant future gcpadmavyuh has a brilliant future gcpadmavyuh has a brilliant future gcpadmavyuh has a brilliant future gcpadmavyuh has a brilliant future gcpadmavyuh has a brilliant future gcpadmavyuh has a brilliant future gcpadmavyuh has a brilliant future gcpadmavyuh has a brilliant future gcpadmavyuh has a brilliant future gcpadmavyuh has a brilliant future
Default

Your wife's AP application is deemed abandoned if she leaves the country before approval.

So, if she HAS to leave before AP approval, she has to come back on H4 as your dependent. She may choose to reapply for Ap after she gets here on H4.

I'm assuming her GC wont get approved while she is out of the country. If it does get approved during her stay abroad, things tend to get a little compilcated...

Good luck!

Quote:
Originally Posted by KARAAND View Post
My wife and I have applied for I485 on July 2nd (EB3 Jan 2004) and EAD/AP on Sep 4th after receiving the receipt. I am on H1B and same with my wife. My wife plans to leave her job so she will get on to "Green Card Pedning Applicant Status". We are going to India in Nov and coming back in Dec. I don't think we will get AP by that time. So I will be getting my renewed H1B stamped. Now if my wife doesn't get AP by the time we leave, could she just get H4 stamped and get back to US? please note she is not H4 right now. Will this affect her I485 application? My wife can't continue working which is the best case scenerio.
__________________
Not a legal advice!

Join the IV Minnesota Chapter

Proud participant of the September 18th Rally in DC. Flew in from Minnesota.
Bookmark and Share Compare Reply With Quote


  #3 (permalink)  
Old 09-04-2007, 10:53 PM
Donor
Priority Date
:
May-06
Category
:
EB2
I140 Mailed Date
:
07/01/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
Compare
Join Date: Jun 2007
Posts: 105
SDdesi has much to be proud of SDdesi has much to be proud of SDdesi has much to be proud of SDdesi has much to be proud of SDdesi has much to be proud of SDdesi has much to be proud of SDdesi has much to be proud of SDdesi has much to be proud of
Default

More information provided here:

http://www.uscis.gov/propub/template...ash=0-0-0-9171

Basically, any person holding a valid H status (H1 or H4) can travel outside the country without affecting the AOS application as described in the section.

Quote:
(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. 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-4 or L-2 status shall not be deemed an abandonment of the application if the spouse or parent of such alien through whom the H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains otherwise eligible for H-4 or L-2 sta tus, and, the alien is in possession of a valid H-4 or L-2 visa (if required) and the original copy of the I-797 receipt notice for the application for adjustment of status. 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 K-3 or K-4 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is in possession of a valid K-3 or K-4 visa and remain s eligible for K-3 or K-4 status. (Amended 8/14/01; 66 FR 42587 ) (Revised effective 4/1/97; 62 FR 10312 )
I am not a lawyer.....just a good friend
Bookmark and Share Compare Reply With Quote


  #4 (permalink)  
Old 09-05-2007, 01:10 AM
Senior Member
Priority Date
:
Jan-04
Category
:
EB3
I140 Mailed Date
:
12/17/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
7/23/2007
Compare
Join Date: Jul 2007
Posts: 108
gcpadmavyuh has a brilliant future gcpadmavyuh has a brilliant future gcpadmavyuh has a brilliant future gcpadmavyuh has a brilliant future gcpadmavyuh has a brilliant future gcpadmavyuh has a brilliant future gcpadmavyuh has a brilliant future gcpadmavyuh has a brilliant future gcpadmavyuh has a brilliant future gcpadmavyuh has a brilliant future gcpadmavyuh has a brilliant future
Default

Good article...

485 is not considered abandoned when you leave the country. Just the AP if you leave before the approval of AP.

There are some cases where you enter stale mate if you are outside the country without AP, and your GC is approved.

For eg, if some one on H4 went out of country without AP approval, USCIS considers your AP abandoned. One might have an option of coming back to US on H4, only if the primary's 485 is not approved yet. But if it is approved, the primary is not on H1 any more and H4 is invalidated. This is exactly the the case where having an AP would help.

Quote:
Originally Posted by SDdesi View Post
More information provided here:

http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&do c_hit=1&doc_searchcontext=jump&s_context=jump&s_ac tion=newSearch&s_method=applyFilter&s_fieldSearch= nxthomecollectionid|SLB&s_fieldSearch=foliodestina tion|8cfrsec2452&s_type=all&hash=0-0-0-9171

Basically, any person holding a valid H status (H1 or H4) can travel outside the country without affecting the AOS application as described in the section.



I am not a lawyer.....just a good friend
__________________
Not a legal advice!

Join the IV Minnesota Chapter

Proud participant of the September 18th Rally in DC. Flew in from Minnesota.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On

Similar Threads
Thread Thread Starter Forum Replies Last Post
dependent applicant green card chidurala Self-filing, documents, forms, directions, mailing. 1 07-28-2010 10:19 AM
PIO card entering India baburob2 Interesting Topics 6 10-08-2009 04:15 PM
Green Card Pending to F-1 seba All other Green Card Issues 10 09-24-2008 05:47 PM
H4 to H1B entering back without stamping pkagi2 Out of status, employment gap and status revalidation 3 03-14-2008 04:52 AM
can I leave out of US while my green card is still pending? nirdlalegcade All other Green Card Issues 4 01-30-2008 12:37 AM



All times are GMT -4. The time now is 04:21 AM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
(c)ImmigrationVoice.org