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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 01-05-2009, 04:56 PM
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Default Need urgent advise: Travel back to the US?

Hi there,

I need your advise - have an issue with travel back to the US.

My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.

I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.

Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.

I would really appreaciate any advise you can provide to my query. Thanks!
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  #2 (permalink)  
Old 01-05-2009, 05:35 PM
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Default

Quote:
Originally Posted by cdeneo View Post
Hi there,

I need your advise - have an issue with travel back to the US.

My wife is in India, her AP is expired and she needs to travel back to the US. I am working on an EAD, changed employers and could not transfer my old H-1 (H1 was valid until 06/09 - she has a H4 stamp in her passport valid until the same time). Given there is no H1/H4 or AP available to her now, how can one go about getting either AP reinstated (I know it says one cannot apply for AP when out of the country) or some other status for being able to travel back. We do have a child (US citizen) also in India with her.

I am trying to get advise from an immigration attorney as well but would like to hear from folks here if they have had to deal with this issue and if so what is the best way to deal with it.

Before someone shoots me for asking this question let me make it clear that I have been aware that she should have come back before her AP expired and one cannot renew AP while out of the country and this puts her GC application at risk (abandonement) - there were some factors involved here that were not in my control and therefore we have landed up in this messy situation.

I would really appreaciate any advise you can provide to my query. Thanks!
Sorry to know about your situation....

Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.

This is very tricky, there is only one solution.

You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.

Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.

If you had already known about this, why did you make the mistake of sending her abroad....
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  #3 (permalink)  
Old 01-05-2009, 05:40 PM
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Default Stamped H4 helps here

If she has the H4 stamped, with the validity 06/09 then she can enter using the H4.

my 2 cents.
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  #4 (permalink)  
Old 01-05-2009, 05:44 PM
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Default

I did not make the mistake of sending her abroad, she had gone on her own accord and overstayed until her AP expired and now wants to come back (as I said some of these issues were not in my control).

Thanks for suggesting the I-131 route, I will look into it and also ask an attorney for guidance in this regard.

Quote:
Originally Posted by gcdreamer05 View Post
Sorry to know about your situation....

Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.

This is very tricky, there is only one solution.

You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.

Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.

If you had already known about this, why did you make the mistake of sending her abroad....
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  #5 (permalink)  
Old 01-05-2009, 05:45 PM
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Default

That is one option but given that I am not on H1 and nor with the same employer - it may not be the way to go. This is something I am going to look into and have an attorney weigh in on. Thanks!

Quote:
Originally Posted by siddar View Post
If she has the H4 stamped, with the validity 06/09 then she can enter using the H4.

my 2 cents.

Last edited by cdeneo; 01-05-2009 at 05:54 PM.
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  #6 (permalink)  
Old 01-05-2009, 07:22 PM
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Default H4 will work

Quote:
Originally Posted by cdeneo View Post
That is one option but given that I am not on H1 and nor with the same employer - it may not be the way to go. This is something I am going to look into and have an attorney weigh in on. Thanks!
Since her H4 is tied to your being in status and not to which employer you are working for (she is your dependent) I would say she can safely travel on H4. I would recommend that she carry photocopies or originals of your 485 receipts, a photocopy of your passport with I94 (showing you are in the US) and a copy of your EAD card to show your status. I have never heard of dependents getting denied entry as long as they have a valid visa and can show that their spouse is in status. A change of status within the US is not considered as an impediment to your dependents who may travel on a dependent visa category that was last issued to the principal applicant.

My 50 cents (2 cents with inflation added in) Do let us know how this thing ultimately resolves.
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  #7 (permalink)  
Old 01-05-2009, 10:00 PM
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Default H4 will work

My wife came last May on H4 visa. I am on EAD and working with different company from Feb 2008. She had Advance Parole but she used H4 as it was simpler.
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