Travel During AOS/485 Stage

[EB2Jun08]

Gurus,
My 485 is pending and i am going to out of country for 7 weeks using vacation and couple of weeks work from offshore . i am currently in H1 and planning to use AP while entering US.

will there be any issue with my I-485 process as i will be out of country for 6-7 weeks.Is there any minimum period that we can stay out of country while I-485 pending ? Please provide your thoughts.

thanks in advance.

[vizcard]

Gurus,
My 485 is pending and i am going to out of country for 7 weeks using vacation and couple of weeks work from offshore . i am currently in H1 and planning to use AP while entering US.

will there be any issue with my I-485 process as i will be out of country for 6-7 weeks.Is there any minimum period that we can stay out of country while I-485 pending ? Please provide your thoughts.

thanks in advance.

I don't think its an issue. The only one thing to point out is if you get a RFE, the response might be a time crunched. At the worst case, you will still have 5+ weeks to respond so you should be fine. But I just wanted to make you aware of that. Again no need to worry.

[qesehmk]

Agree w Vizcard. There is no problem with 7 weeks. In fact the only thing I am aware of is 180 day rule for general resident status for filing taxes - I would imagine that might apply for short abroad trips.

On the safer sider - ask somebody to check your mail for you - just in case. Have fun!



Gurus,
My 485 is pending and i am going to out of country for 7 weeks using vacation and couple of weeks work from offshore . i am currently in H1 and planning to use AP while entering US.

will there be any issue with my I-485 process as i will be out of country for 6-7 weeks.Is there any minimum period that we can stay out of country while I-485 pending ? Please provide your thoughts.

thanks in advance.

[incredible]

Hi Gurus
I am on EAD/AP with a petition date of Jan, 2010. I need to visit UK on work visit. Do I need to apply for UK Visitor's Visa or do i need to get any other UK Visa. I will be spending only one week there. Also while returning can I use my AP document to return back to US

[qesehmk]

incredible - UK requires a visa for Indians even if they have a green card. So H1/AP/EAD definitely requires a UK visa. I do not know if they have visa on arrival. Probably not.

As per returning back ..... AP should serve you very well. Just make sure it will be valid on your date of return. Good luck!


Hi Gurus
I am on EAD/AP with a petition date of Jan, 2010. I need to visit UK on work visit. Do I need to apply for UK Visitor's Visa or do i need to get any other UK Visa. I will be spending only one week there. Also while returning can I use my AP document to return back to US

[skpanda]

Agree w Vizcard. There is no problem with 7 weeks. In fact the only thing I am aware of is 180 day rule for general resident status for filing taxes - I would imagine that might apply for short abroad trips.

On the safer sider - ask somebody to check your mail for you - just in case. Have fun!


I am in somewhat similar situation. Please advise if you have inputs: (I have reached out to my lawyer Frag* but waiting for response).

1. H1B Petition approved till Nov 2021.
2. H1B Visa stamp in Passport till Nov 2023.
3. PD Dec 2010.
4. I485, EAD and AP applied in Oct 2020.
5. Receipt Notices received in Dec 2020.
6. No Biometrics Appt.
7. No EAD/AP yet.

I need to travel to india for about 6/8 weeks in mid may 2021.

What are the pitfalls I need to avoid? I checked below and it appears I will not have any issues. I just need to be careful about responding to RFEs or other timebound items during that time? If I get biometrics appointment during that time, I may have to travel back? What else?

https://www.immi-usa.com/traveling-while-on-h-1b-with-i-485-pending/


Thanks!

[qesehmk]

I am in somewhat similar situation. Please advise if you have inputs: (I have reached out to my lawyer Frag* but waiting for response).

1. H1B Petition approved till Nov 2021.
2. H1B Visa stamp in Passport till Nov 2023.
3. PD Dec 2010.
4. I485, EAD and AP applied in Oct 2020.
5. Receipt Notices received in Dec 2020.
6. No Biometrics Appt.
7. No EAD/AP yet.

I need to travel to india for about 6/8 weeks in mid may 2021.

What are the pitfalls I need to avoid? I checked below and it appears I will not have any issues. I just need to be careful about responding to RFEs or other timebound items during that time? If I get biometrics appointment during that time, I may have to travel back? What else?

https://www.immi-usa.com/traveling-while-on-h-1b-with-i-485-pending/


Thanks!

panda - you are in luck. Now a days no AP required for travel abroad during 485 pending stage. You can travel peacefully. But confirm with our resident lawyer Idliman !!

[skpanda]

Thanks! I did not understand the piece, no AP is needed for travel aborad during 485 pending stage. Is that a new rule? What will people with no Visa stamp do? How will they enter?

What happens when USCIS sends RFE/Biometrics/anything else while I am out of USA?

@Idliman - please advise if possible.

[GCkaLADDU]

Thanks! I did not understand the piece, no AP is needed for travel aborad during 485 pending stage. Is that a new rule? What will people with no Visa stamp do? How will they enter?

What happens when USCIS sends RFE/Biometrics/anything else while I am out of USA?

@Idliman - please advise if possible.

I am no Idliman but will try :)

Scenario : 485 filed - No AP - Approved H1B Petition - No Visa Stamp

Folks with an approved H1B petition but no visa stamp will have to go through stamping if they have to re-enter United States. No impact on existing AOS application

Scenario : 485 filed - No AP - Approved H1B Petition - Valid Visa Stamp

Folks with an approved H1B petition and a valid visa stamp can travel and re-enter United States using H1B non-immigrant status. No impact on existing AOS application

Scenario : 485 filed - Approved AP - Approved H1B Petition - Valid Visa Stamp

Folks in this category can either use their H1B visa or AP to re-enter United States using H1B non-immigrant status. No impact on existing AOS application. However, if AP is used, the person would have the status as 'Parolee' and his H1B status would be no longer be active. They need to ensure that they have an approved EAD to enable them to continue working in United States upon entering

[skpanda]

I am no Idliman but will try :)

Scenario : 485 filed - No AP - Approved H1B Petition - No Visa Stamp

Folks with an approved H1B petition but no visa stamp will have to go through stamping if they have to re-enter United States. No impact on existing AOS application

Scenario : 485 filed - No AP - Approved H1B Petition - Valid Visa Stamp

Folks with an approved H1B petition and a valid visa stamp can travel and re-enter United States using H1B non-immigrant status. No impact on existing AOS application

Scenario : 485 filed - Approved AP - Approved H1B Petition - Valid Visa Stamp

Folks in this category can either use their H1B visa or AP to re-enter United States using H1B non-immigrant status. No impact on existing AOS application. However, if AP is used, the person would have the status as 'Parolee' and his H1B status would be no longer be active. They need to ensure that they have an approved EAD to enable them to continue working in United States upon entering

Thanks Laddu :)

I am in this scenario:

Scenario : 485 filed - No AP - Approved H1B Petition - Valid Visa Stamp
Folks with an approved H1B petition and a valid visa stamp can travel and re-enter United States using H1B non-immigrant status. No impact on existing AOS application



What happens when USCIS sends RFE/Biometrics/anything else while I am out of USA?

[GCkaLADDU]

I believe RFEs can be responded with your attorneys help while you are out (again.. that might depend on what RFE is about). For biometrics, either you'll have to constantly follow up with Emma on the dates or else, have way to receive the physical notice to know the exact dates while you are out. Not sure how you'll check your mailbox (assuming you'll be out with the family).

Once you know the dates.. its upon you and your travel plans to either re-schedule or attend the biometrics

[skpanda]

I believe RFEs can be responded with your attorneys help while you are out (again.. that might depend on what RFE is about). For biometrics, either you'll have to constantly follow up with Emma on the dates or else, have way to receive the physical notice to know the exact dates while you are out. Not sure how you'll check your mailbox (assuming you'll be out with the family).

Once you know the dates.. its upon you and your travel plans to either re-schedule or attend the biometrics

Thanks!


So Emma can tell when the biometrics dates will be. The automated Emma just gives info on Biometrics. Should I type message for agend to real life emma to come chat with me?

Please advise.

[jan1954]

Hi, I'm a newbie here. I have a question about my dependent's AOS application. We recently applied for AOS (PD Jul 12) and received our AP and EAD. My wife and kid are planning to move out of the US but I(primary) would continue to maintain H1b and they are planning to come back when our dates become current. What will happen to their pending AOS? Do they have to be in the US for some minimum number of days in a year? Has anyone else been through the same situation? Pls advice.

[Moveon]

I believe RFEs can be responded with your attorneys help while you are out (again.. that might depend on what RFE is about). For biometrics, either you'll have to constantly follow up with Emma on the dates or else, have way to receive the physical notice to know the exact dates while you are out. Not sure how you'll check your mailbox (assuming you'll be out with the family).

Once you know the dates.. its upon you and your travel plans to either re-schedule or attend the biometrics

Yes , its important to keep checking your case status on a daily basis if you are out of the country . I have heard that immigration papers are not forwarded to another address (Please check it) . If so have your friends check your mail box for any important communication as only the letter will state what the RFE is about. Some RFEs might require you to be present in the US as you sign the location at the time of the signature , check with your lawyer.
As long as you can take care of these things and are open to traveling back in the worst case you can travel for ~7 weeks .

[Moveon]

I don't think its an issue. The only one thing to point out is if you get a RFE, the response might be a time crunched. At the worst case, you will still have 5+ weeks to respond so you should be fine. But I just wanted to make you aware of that. Again no need to worry.

I have done this 2 times , stayed in India for ~6 weeks and the first time returned on AP while the HIB petition was approved. No problems at all as long as AP is valid
Just keep an eye for RFEs . Worst case be open to returning earlier if you think its urgent and your don't want to waste time

[qesehmk]

Has anybody been to India during last 2 months? Did you have to quarantine?

Appreciate any answers since I would like to visit India ASAP but concerned about COVID related quarantine.

[Moveon]

Has anybody been to India during last 2 months? Did you have to quarantine?

Appreciate any answers since I would like to visit India ASAP but concerned about COVID related quarantine.

I have had a couple of friends who went to Delhi , over the last 10 days by Air India . The main thing you need is a Covid negative PCR test 72 hrs before the flight and you need to upload it on the website . One of them touched down on Sunday , will him them for exact details .

The Test is Free at any county facility in California. In the Bay area they are giving it in less than 24 hrs

[excalibur123]

Has anybody been to India during last 2 months? Did you have to quarantine?

Appreciate any answers since I would like to visit India ASAP but concerned about COVID related quarantine.

My mother in law traveled 2 days back (to Delhi).

There are different cases for - 1) People traveling to Mumbai, 2) People originating/transiting through specific countries and 3) Everyone else.

https://www.newdelhiairport.in/media/1622/latest-guidelines-for-international-arrivals.pdf
https://www.newdelhiairport.in/covid19

There are Covid test requirements before you board the flight, and I believe in Mumbai you have to get tested on the airport regardless. No quarantine is needed if you test negative but you can verify for Mumbai.

[qesehmk]

Thank you both. Really appreciate this.

[AceMan]

Has anybody been to India during last 2 months? Did you have to quarantine?

Appreciate any answers since I would like to visit India ASAP but concerned about COVID related quarantine.

In addition to above points, make sure to fly direct from continental US to protect the Bio bubble integrity.

The best choice of flight for us in North East would be United direct starting at 8:25 PM Newark, and reach Mumbai 8:25 PM the next day local time.

[Moveon]

Air India Direct is the best travel as its direct to Delhi and also SFO-Bangalore etc . The service has been a little spotty. In some flights they did not give blankets and pillows citing Covid and in some they did. Meal service is OK. But then no issue of transit like in other airlines .

Best of luck .

[Moveon]

Q, Currently looks like Only Indian Passport holders and OCI holders can enter India. Even the 10 year Visa is suspended. If you don't have either then you will need to apply for an emergency Visa .
PCR test is needed before any travel .

[qesehmk]

Q, Currently looks like Only Indian Passport holders and OCI holders can enter India. Even the 10 year Visa is suspended. If you don't have either then you will need to apply for an emergency Visa .
PCR test is needed before any travel .

Thanks Moveon. I need to apply for OCI then! I haven't surrendered my passport yet. So I could technically use it but my travel is not urgent. Just want to see parents. That's all.

Ace - thanks to you too.

[Moveon]

Thanks Moveon. I need to apply for OCI then! I haven't surrendered my passport yet. So I could technically use it but my travel is not urgent. Just want to see parents. That's all.

Ace - thanks to you too.

I suppose using the Indian Passport when having a US passport might get you into trouble later when you surrender the Indian passport as they will know you had a US passport at the time of travel previous travels .
Emergency travel needs a doc certificate I believe. So if they are not keeping well you could use that to visit them when the travel is open. It takes 7 days to get the emergency visa but they ask many Questions I have heard before the approval.

[qesehmk]

I suppose using the Indian Passport when having a US passport might get you into trouble later when you surrender the Indian passport as they will know you had a US passport at the time of travel previous travels .
Emergency travel needs a doc certificate I believe. So if they are not keeping well you could use that to visit them when the travel is open. It takes 7 days to get the emergency visa but they ask many Questions I have heard before the approval.

Thank you Moveon. Thanks heavens they are in terrific shape. I just like to visit India as often as I can. COVID really killed chances last year. I guess I will just get my OCI now.

If others need to use old Indian un-surrendered passport after becoming US citizens, I think you can do it, but it incurs a fine per use (probably $100 per use). The fine is imposed when you try to surrender your indian passport.

[skpanda]

Thanks Laddu :)

I am in this scenario:

Scenario : 485 filed - No AP - Approved H1B Petition - Valid Visa Stamp
Folks with an approved H1B petition and a valid visa stamp can travel and re-enter United States using H1B non-immigrant status. No impact on existing AOS application



What happens when USCIS sends RFE/Biometrics/anything else while I am out of USA?

Thanks all for your inputs. Fragomen responded.

As per then there is no problem for Pending I485 and Pending I1765 if I travel outside the country. However my I131 will be denied. Once I am back I have to reapply for I131.
May not be a big deal in my case!

[skpanda]

I have had a couple of friends who went to Delhi , over the last 10 days by Air India . The main thing you need is a Covid negative PCR test 72 hrs before the flight and you need to upload it on the website . One of them touched down on Sunday , will him them for exact details .

The Test is Free at any county facility in California. In the Bay area they are giving it in less than 24 hrs

This is Accurate. My parents are travelling today US domestic location - EWR-Mumbai - India domestic location.

We took the RT-PCT test at Walgreens.
Result was available in 24 hours.
Uploaded passenger info at https://www.newdelhiairport.in/airsuvidha/apho-registration
You will also need to upload passport copy and the negative covid report.
Within 1 hour they send your application via email.
You carry your covid report and also the application with you.
They may do covid test mandatorily in mumbai. So ensure you have enough connection time with a domestic leg (if any).


Good luck!

[Moveon]

Thanks all for your inputs. Fragomen responded.

As per then there is no problem for Pending I485 and Pending I1765 if I travel outside the country. However my I131 will be denied. Once I am back I have to reapply for I131.
May not be a big deal in my case!

This is no longer Valid . It was the case when Trump pushed it for a year but was forced to withdraw it . You can safely travel , AP renewal will not be impacted

https://www.murthy.com/2019/03/11/uscis-revises-policy-on-travel-while-ap-is-pending/
https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel