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Snowflakes-TX

Emergency Travel during i485 pending

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I just traveled to india on emergency. My company has filed a downgrade from EB2 to EB3 with 485, EAD and AP and  waiting for a receipt.

I just traveled to India on a valid H1B status due to emergency and dropped my passport through dropbox. Now waiting for new visa stamp approval

I am going to return to the US second week of January with a new valid stamp and h1b status.  What happens to my i485 application which is pending and reciept not received yet. 

Please reply. 

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If the "received date" of the I-485 (which will be known when you receive the receipt) is before the date you left the US, it should be fine. The I-485 will still be pending and won't be abandoned. On the other hand, if the received date of the I-485 is after you left the US, the I-485 will be denied as you must be in the US when the I-485 is filed. You would have to file I-485 again in that case.

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Thank you for the reply. My I-485 was filed in the month of October last week. USCIS received my I-485 application on October 30th.

I left US for emergency travel on December 9th. Reciept for the above i485 is not generated yet. 

I will be back to the US second week of January. Thank you. 

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