H1B stamping outside US when I-485 is filed

[simmi_us_2007]

What is the name of your state? WA

Hi,

With the recent news that the priority dates become current for all countries in July, we will be able to file for I-485 in the month of July. I am currently on a H-4 visa and my husband is on a H1B. My H1B was recently approved as a consular H1. Hence I have to get it stamped outside the country before I can start. I plan to get it stamped in the month of August/september in India. Will I be able to safely make the travel outside US for my H1B stamping once we file for I-485 in July? Do I need to obtain any special permission for the same? Thanks for your advice.

Regards

 

[ImmigAttyLana]

You should not have a problem to return to the US in H-1B status once your I-485 has been filed.

 

[simmi_us_2007]

Thanks. Do I need to file for AP ( advance parole) to be able to travel?

 

[ImmigAttyLana]

I just indicated in my post that you are all right to travel with your H-1B so why are you asking me whether you need to have the AP?

 

[simmi_us_2007]

wished to confirm coz' of what I read on some forums on the internet...thanks anyways.

 

[ImmigAttyLana]

When you read "stuff on the Internet" be careful to understand when situations may be similar to yours and when they are not. Not all advice is applicable to everyone. There are factual nuances that may determine the course for one person which is different from another.

 

[simmi_us_2007]

Here is what my husband's employer let us know:

"After the I-485 application is filed: For individuals in H-1B/H-4 or L-1/L-2 status, you and your dependents should remain in the U.S. until the receipt notice for the I-485 application is issued by the USCIS.

At present, we are seeing that it takes about 4-6 weeks to receive an I-485 receipt notice from USCIS.Given the immense volume of applications that USCIS will be receiving in July, it is possible that it will take them longer to issue the receipt notices."

Looks like I will have to either prepone or cancel my tavel plans...

 

[ImmigAttyLana]

This is really not true. I have had many of my clients receive their receipt notices within a few weeks of sending out the petitions. How soon is your trip? When was your petition sent to the USCIS?

 

[simmi_us_2007]

The application would be sent out in July and my travel date is the end of August. So it would be cutting it quite close. I will have to cancel my travel if the receipt notice does not arrive by then.

 

[simmi_us_2007]

Hi, In the same context, is it possbile that my husband who is on H1B files his I-485 now and I file it later ( after I return to US on a H1B status), using his receipt notice? In that case, will the priority dates matter when I file , as I will be filing as his spouse?

Thanks for your advice.

 

[ImmigAttyLana]

Yes, you can file your I-485 later and yes, the priority dates will apply to you as well.

 

[sandy_sash]

URGENT - Travel plans in October, should I file I-485?

Hi,
This is my current situation:
My status: H1B valid till 2009 Jan (6th year). I-140 approved.

My husband: H1B under extension now. Will be valid till 2010 after extension. H1B visa in passport is not valid any more. I-140 pending (submitted, not yet approved).

We are both eligible for I-485 filing.

We MUST TRAVEL abroad in month of October abroad for family reasons. Do we need:

1) Receipt notice for I-485 filing to travel?
2) Does my husband also need advance parole to travel? will he face problems when stamping H1B in passport with US consulate other wise in home country?

thanks!

 

[ImmigAttyLana]

No AP is needed if you have valid H-1B/H-4 visas in your passports.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.