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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 03-30-2008, 12:22 PM
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chanchalkg is on a distinguished road
Default Passport with expired H1 stamping and expired I94 stolen - Now travelling out of US

Friends,

Our passports with expired H1B stamping and expired I 94 has been stolen. I do have my H1 extension with the latest I 94. I have filed my 485 and have valid AP and got my duplicate passport.

Question I have is we are travelling out of US in 2 weeks. My understanding is I have all documentation required to travel out of US and return, but I want to reconfirm everything is allright before I travel.

1. I 94- Should I be applying for a new I 94 because my old one (expired) has been lost. Or the I 94 on my H1 B extension document is the one I should return to authorities when I exit.?

2. Along with passports we also lost our EAD cards, but I have applied for new ones, Do I need to have EAD card with me to re-enter the country?

3. These are the documents I am carrying, am I missing anything to re-enter? Any recommendations?
a. Passport(Duplicate)
b. Original Police Report of Stolen Passport.
c. Original 485 Receipt
d. Original AP



Any help/recommendation will be highly appreciated.

Thanks
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Old 03-30-2008, 12:54 PM
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ameryki is a jewel in the rough ameryki is a jewel in the rough ameryki is a jewel in the rough
Default

I am not a lawyer so please don't count on my advice but here's what I know:

1) EAD card is not required for entering the country. Either a valid visa or AP. If you are using AP you don't necessarily need a valid EAD card to go with that in order to enter the country.

2) When leaving the country "I think" you should be fine giving up the I-94 that you got with the renewal of your H1 status not sure though.

Outside of that looks like you have all your ducks in a row.
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  #3 (permalink)  
Old 03-30-2008, 01:09 PM
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chanchalkg is on a distinguished road
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Thanks mate for your reply. As per my understanding if your latest I 94 is the one you got from Port of Entry and then u lose it, then you have to apply for a new one. But if your latest I94 is from a i797 document then it takes precedence over the other one...

I have posted my question to my attorney.. havent got an answer fot it yet.. as always they are busy... for some unknown reason.. :-)
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