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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 11-27-2007, 03:20 PM
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Default Need to travel on H4 due to emerency at home

Hi,

I am a new member and I need to travel back home due to an emergency situation. The H4 is current and the status of 485 for spouse and myself is pending having been submitted (along with I-131, I-765 ... and so on) in July 2007. The H4 is valid until January 2010. The visa (F1) that was initially stamped on my passport upon entering US has since expired and this is the first time that I am traveling out of US after changing status to H4. What other documents to I need, if any, besides things like passport, I-94, H4?
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Old 11-27-2007, 03:41 PM
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Originally Posted by biggy View Post
Hi,

I am a new member and I need to travel back home due to an emergency situation. The H4 is current and the status of 485 for spouse and myself is pending having been submitted (along with I-131, I-765 ... and so on) in July 2007. The H4 is valid until January 2010. The visa (F1) that was initially stamped on my passport upon entering US has since expired and this is the first time that I am traveling out of US after changing status to H4. What other documents to I need, if any, besides things like passport, I-94, H4?
Generally, adjustment of status applicants must obtain Advance Parole (Form I -131, Application for Travel Document) from USCIS prior to leaving the United States or else their applications are deemed abandoned. H-1 and L-1 nonimmigrants (and their H-4 or L-2 dependents) are now exempt from this requirement. Previously, they were required to present a receipt for their adjustment application at the time of readmission to the United States following foreign travel. This final rule eliminates the unnecessary burden of presenting this receipt since the application information in the receipt is in USCIS databases available to immigration inspectors and adjudicators.

Source: http://www.uscis.gov/files/pressrele...Rule110107.pdf
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Old 11-27-2007, 03:51 PM
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Quote:
Originally Posted by biggy View Post
Hi,

I am a new member and I need to travel back home due to an emergency situation. The H4 is current and the status of 485 for spouse and myself is pending having been submitted (along with I-131, I-765 ... and so on) in July 2007. The H4 is valid until January 2010. The visa (F1) that was initially stamped on my passport upon entering US has since expired and this is the first time that I am traveling out of US after changing status to H4. What other documents to I need, if any, besides things like passport, I-94, H4?
You will need to book a visa interview appointment with the US consulate where you are going. Take your H4 approval notice, the H1B approval notice of the principal applicant. Also carry your I485 receipt notice, it is not essential but since you have it take it anyway.

You will need to complete a DS156 with all details and it should be available on the consulate website, pay the relevant fee and carry the receipt for the payment with you as proof.

In list form

Completed DS156 with barcode from consulate website
Payment receipt for visa
Valid passport
H4 approval notice
Principal applicant H1B approval notice
I485 application receipt

Good luck
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Old 11-27-2007, 05:19 PM
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Default Travel out of country and re-entry during/after 485 filing

Is completing DS156 at consulate same as applying for visa at my country of origin? After posting this message I spoke to two different immigration officers (not first level) at USCIS. The first told me that H4 is all I need whereas the second one, on a separate occasion, told me that since the stamp on my visa is expired and I have not received the receipt for 485 residency application, I would not be able to re-enter until my residency application is approved and that could be over one year or so.
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Old 11-27-2007, 05:57 PM
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look up the following for information what Chennai consulate needs. It may guide you.


http://chennai.usconsulate.gov/work_visas_h_l.html

Copied from the above.

All applicants including children applying for H4 and L2 temporary worker dependent visas must present the following documents:

A passport valid for travel to the US for at least six months after your date of entry into the US.
A completed visa application form DS-156. Every applicant must also complete the form DS-157.
A copy of the H1B holders notice of approval from I797
Original marriage certificate for spouse and birth certificate for the child
Marriage ceremony photographs (do not bring entire photo albums).
Clear copies of H1B visa holders passport all 36 pages
A letter from the H1B visa holders employer confirming continued employment
US tax returns and W2 forms for each year the H1B visa holder as work in the United States
H1B visa holders most recent pay slips from the United States employer.

Verify that the pay-stub salary is not less than salary declared in LCA by a large amount.
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