Travel during AOS, I-94

My wife's AOS is pending, as we have gone through the interview without problems, but need to file for a name change prior to final approval since she would like to use her U.S. married name rather than her maiden name which in on her passport. She has also received her advance parole allowing her to travel. She will be traveling overseas for a week with the kids in a few days and my question has to do with her I-94 that she will need to fill out upon return to the U.S. She had had problems before listing our U.S. address as her residence (when she was traveling on a B-2 visa) and had to change it to our overseas address, even though we were in the U.S. for my work for a period of 1 year. My question is: now that we actually live in the U.S., may she use our U.S. address as her residence on her I-94, or will she again have problems doing that since she does not yet have her resident visa. We no longer have a home overseas, so putting an address there as her residence would not be correct. However, I do not want her to have to go through the difficult interrogation at the airport that happens when a mistake is made on the form.

BWally,

She shouldn't have a further problem with the address.

On the B2 visa, she was required to return home after her visit, so a US address was inconsistent with the purpose of the visa.

An I-485 is for adjustment of status within the USA. An Advance Parole is permission to travel and return during that process, so a US address would be expected.

Spec and others, please advice.

A quick question on travel while AOS is pending.
My H1B visa expired in August 2011 but have valid H1B approval until 2014. I need to visit canada for a quick business trip.

I know there is a automatic revalidation rule, I can enter back to US on expired visa by showing my H1B approval valid till 2014.

Does going to Canada and coming back affects in anyway my 485 pending application? My renewed EAD/AP card was sent to wrong address and trying to see waht happened..i might not have AP with me while travelling.

Thanks for the help

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Originally Posted by dec2007

Spec and others, please advice.

A quick question on travel while AOS is pending.
My H1B visa expired in August 2011 but have valid H1B approval until 2014. I need to visit canada for a quick business trip.

I know there is a automatic revalidation rule, I can enter back to US on expired visa by showing my H1B approval valid till 2014.

Does going to Canada and coming back affects in anyway my 485 pending application? My renewed EAD/AP card was sent to wrong address and trying to see waht happened..i might not have AP with me while travelling.

Thanks for the help

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Same situation here

My husband has a valid I 129 but expired Visa too. He has been travelling in and out of the US to Canada using his AP. We are awaiting the renewed AP (got mine, but his is still pending).

What is the re validation rule? Hoping to get the H1 B visa stamped in Toronto if AP does not arrive in 6 more weeks

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Originally Posted by RMS_V13

Same situation here

My husband has a valid I 129 but expired Visa too. He has been travelling in and out of the US to Canada using his AP. We are awaiting the renewed AP (got mine, but his is still pending).

What is the re validation rule? Hoping to get the H1 B visa stamped in Toronto if AP does not arrive in 6 more weeks

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http://travel.state.gov/visa/temp/info/info_1299.html remember there are conditions onusing this rule, not everyone is eligiible. For ex: if you apply h1b visa while in canada, irrespective of whether you are granted a visa or rjected, you cannot use this rule.

so make sure you do not go for visa stamping in canada if you want to use automatic revalidation...

but my question to gurus was if my pending 485 AOS will have any affect if I use automatic revalidation.. someone please share. thanks

That appears right and my attorney suggested many times. But whenever I returned from Mexico short trips, they always made be fill up a new I-94 right there. I complied all the times. once I was warned as to why I kept my old I-94.

I do not mean to scare you

But when you do not have an option, you have to try it anyway.

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Originally Posted by dec2007

http://travel.state.gov/visa/temp/info/info_1299.html

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Got it..

My husband has been using his Advance Parole for the past 5 months of going back and forth to Canada. He too has a ton of I 94s and everytime, his new I94 has a 1 year validity.

Can he now just auto re-validate his I 129(H1 B) since his renewed AP has not yet arrived or is this a different process where his employer has to file some other forms with USCIS/DOL and who not.?

Thanks

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Originally Posted by bvsamrat

That appears right and my attorney suggested many times. But whenever I returned from Mexico short trips, they always made be fill up a new I-94 right there. I complied all the times. once I was warned as to why I kept my old I-94.

I do not mean to scare you

But when you do not have an option, you have to try it anyway.

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