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Can I travel outside USA and return while I-130/I-485 is pending?

Chicago, IL |

My spouse (US citizen) has applied for I-130/I-485 for me, which is currently under "pending approval" status. I am currently on valid H1-B visa and I-94 expiring in May 2013. I have received H1-B renewal approval (I-797) from USCIS expiring in Sept, 2015. Due to some family reasons, me and my wife are planning to go to India for 2 weeks in the last week of March 2013. I will be getting new H1-B visa stamped in India. I will have employment letter, I-797 and valid new H1-B visa stamped.a) Should I expect facing any issue while re-entering in USA? b) If I need any more supporting document, please suggest. Thanks for your advise.

Also Do I need to file I-131 or any other form to report USCIS about my travel or it doesn't apply in my case?

Attorney Answers 4


  1. You are free to travel abroad.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  2. While I agree that you can travel abroad, I hope that you have an attorney or someone who can check your mail for any notices. If biometrics or your interview is scheduled to occur while you are away, your application could be deemed abandoned if no action is taken.

    Dhenu Savla, Esq.
    SwagatUSA, LLC
    www.swagatusa.com/attorney

    This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.


  3. You will be fine if your H-1B visa is renewed. It would be good to have advance parole as back up in case your visa is not renewed but it will probably be too late to obtain it if you want to leave in two weeks.


  4. You shouldn't have an issue if you get your h visa stamped in your passport. There will only be a problem if your h is denied

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