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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

Posted

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.

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Asker

Posted

Thanks. Do I need to fill I-131 for re-entry or it's not applicable in my case? Thank you so much Carl for your quick response.

Carl Michael Shusterman

Carl Michael Shusterman

Posted

An H-1B visa is good enough although we usually advise our clients to also get an AP just in case.

Asker

Posted

Thanks Carl. Can you please also advise the processing time for applying I-131 and getting AP documents as I have 3 weeks before I travel outside?

Posted

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.

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Posted

Thanks for your response Dhenu. I am done with my biometrics and have received an RFE to which I have respond by 3rd week of April and I will be back by then. Please advise if there will be any issue with this situation? Also do I need file any form (ex- I-131) for AP even when I have a valid H-1B for re-entry? Thanks.

Dhenu Mitesh Savla

Dhenu Mitesh Savla

Posted

You should be okay.

Asker

Posted

Thanks Dhenu.

Posted

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.

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Asker

Posted

Thanks Christian.

Posted

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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Asker

Posted

Thanks Karen.

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