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I-140 and I-485 pending but need to travel

I-140 and I-485 pending but need to travel

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Old Jan 22nd 2004, 4:45 pm
  #1  
F Isik
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Default I-140 and I-485 pending but need to travel

Hi everybody,

* Currently, I have H1 visa and my wife has H4 visa stamps on our
passports. They are valid until July 2005. The university I am working
for petitioned for I-140 (outstanding prof.) and I applied for
adjustment of status (I-485) for myself and family (March 2003). The
applications are still pending. Do we need to obtain travel permits from
BICS to travel to out side of the US?
* My son does not have a visa on his passport. The one he has (J2)
is already expired and he has never left U.S. since we came here. I
guess we have to have a travel document for him from BICS and we have to
get a visa once we another country.

ANY comments will be greatly appreciated.

Thank you,

F. Isik
 
Old Jan 22nd 2004, 6:08 pm
  #2  
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Default Re: I-140 and I-485 pending but need to travel

* Currently, I have H1 visa and my wife has H4 visa stamps on our
passports. They are valid until July 2005.

----- You can use H1 and H4 visa to come back to US any time before July 2005
The university I am working
for petitioned for I-140 (outstanding prof.) and I applied for
adjustment of status (I-485) for myself and family (March 2003). The
applications are still pending. Do we need to obtain travel permits from
BICS to travel to out side of the US?
----- If you have valid visa no need of AP, if you want to use AP apply for AP and AP has to be approved IN US before departure from US
* My son does not have a visa on his passport. The one he has (J2)
is already expired and he has never left U.S. since we came here. I
guess we have to have a travel document for him from BICS and we have to
get a visa once we another country.
------ if I-485 was filed for son and he does not have Visa in passport you need to file for AP and AP has to be approved IN USA before departure from US, fill up the Form I-131 and attach the fees $110, 2 photographs, copy of his I-485 filing receipt, he may get AP in 60-90 days depending on service center
ANY comments will be greatly appreciated.
Manish is offline  
Old Jan 23rd 2004, 12:13 am
  #3  
Sylvia Ottemoeller
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Posts: n/a
Default Re: I-140 and I-485 pending but need to travel

"Manish" <member269@british_expats.com> wrote in message
news:[email protected]...

    > * Currently, I have H1 visa and my wife has H4 visa stamps on our
    > passports. They are valid until July 2005.

    > ----- You can use H1 and H4 visa to come back to US any time
    > before July 2005
    > The university I am working for petitioned for I-140 (outstanding prof.)
and I applied for
    > adjustment of status (I-485) for myself and family (March 2003). The
    > applications are still pending. Do we need to obtain travel permits from
    > BICS to travel to out side of the US?
    > ----- If you have valid visa no need of AP, if you want to use AP apply
    > for AP and AP has to be approved IN US before departure from US
    > * My son does not have a visa on his passport. The one he has (J2)
    > is already expired and he has never left U.S. since we came here. I
    > guess we have to have a travel document for him from BICS and we have to
    > get a visa once we another country.
    > ------ if I-485 was filed for son and he does not have Visa in passport
    > you need to file for AP and AP has to be approved IN USA before
    > departure from US, fill up the Form I-131 and attach the fees $110, 2
    > photographs, copy of his I-485 filing receipt, he may get AP in 60-90
    > days depending on service center

It would be an option for the son to apply for, and obtain, an H-4 visa in
his passport while outside the U.S., and use that to re-enter the U.S. He
would not need advance parole to re-enter the U.S.

However, if you have enough time, advance parole is the more straightforward
way to go. If he has advance parole, he does not need an H-4 visa stamp.
His status after entry will be "paroled - applicant for adjustment to PR
status."

One other reason for his getting an H-4 visa stamp would be if there is any
appreciable chance that the I-140, and therefore all the I-485s, will be
denied. In that case, it is better for everyone to hold their temporary
statuses rather than having been paroled in.
 

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