Travel while I-485 is still pending
Quote:
Originally Posted by
jimmys
Option#1: If you have maintained a valid H-1B status, you can travel without abandoning either I-485 or I-131. You can enter with your valid H-1B visa. Don't mention your I-1485 is pending at the PoE voluntarily.
Option#2: If you have a valid I-131 and your I-131 renewal is pending, you can use the valid I-131 to travel but you MUST return before its expiry.
I used Option#1 last year and I didn't have any problem in getting my EAD/AP approved.
If you apply for I-131 in Oct 2020, it will take at least 7-8 months (NBC) to get your I-131. So for emergency travel purpose keep maintaining your H-1B if possible.
Quick clarification, on Option #1 can we exit the country on emergency situation while AP(I-131) is still pending and return back once its approved and mailed to home in USA while my family is still in USA. i am assuming that my family members will be able to ship the AP card/letter overseas.
how does USCIS know we left the country since they don't take I-94 anymore.
485 / AOS is YOUR application.
This is very important. Spread the message.
Unlike labor and I-140 - which are sponsor applications i.e. a company has to file them; 485, EAD, and AP are YOUR applications. You don't need company to do it at all. You can do it on your own or find a lawyer who will do it for you.
- USCIS has added 485J that the company needs to fill out. But rest is upto you.