Travel with I-485 Pending

[Attorney_6]

This week, the attorneys at the Murthy Law Firm will answer questions about travel for individuals who have pending form I-485 (application for adjustment of status) cases.

 

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[raj_info]

Hi,

 

I've got a family emergency. Might need to travel to back to home country in this week. My 485 which was pending from past 3 yrs is current right now ( in Sept 14). I haven't got any updates as of today. I know it's not advisable but it's equally important to make this travel. Would this be a right time to travel. Please help me. If Yes, what precautions do i need to take. 

 

Your help is greatly appreciated.

 

Thanks,

Raj

[Attorney_6]

Raj,

 

We have an article on MDC about I-485 approvals while the applicant is out of the US. The most important part of this is to have the documents needed to reenter. The AP is the best option. Otherwise, it is a huge problem if, say, a person needs an H1 visa "stamping" to return and, then, their GC gets approved and they no longer can obtain the visa stamp.

 

Many situations can be handled at the port of entry, but, there must be a way to get on the plane.

[raj_info]

Thanks for your quick reply. Yes, I do have EAD/AP until next yr Jan. I hope that should satisfy the requirement.

 

Once again..thank u for your advice. You guys are the best.

[indiclark]

My I-485 denied without any RFE couple of days ago. I haven't received the letter yet why it got denied.

I have couple of questions. May be if the old employer who has my I-140 might have revoked and when i have checked the I-485 it has benificiary number which is same in my current and old I-140.So if he picks that as the reason for deniel what are my next steps?

and currently i am in my 10th year of my H-1(valid till next june) and i dont have EAD so how does that impact my H-1.

 

Any help is greatly appreciated.

 

Thanks in advance.

 

Best Regards,

Nag.

[Attorney_6]

Nag,

 

The H1 approval remains valid, even though it was based upon the pending GC case. Of course, in order to extend it further, the I-485 issue must be addressed.

 

If the I-485 was improperly denied---such as due to the prior employer's withdrawal of the I-140 when a person has a proper AC1 case----then it can be challenged by filing a MTR. There is a tight deadline for an MTR.

[indiclark]

Hi,

Thank you for your response. I received the notice today and the reason i expected is correct.

Previous employer revoked old I-140 but current I-140 got revoked which made him to deny I-485. I don't understand how that can happen(previous employer sent the receipt number on which is still active),anyhow we are planning on MTR(one for I-140 and two I-485's) but is there any other way to tell them(USCIS) that this is a mistake and no motion is required?

 

Appreciate your help.

 

Thanks & Regards,

Nag.

[Attorney_6]

Nag,

Motions have tight deadlines. It is occasionally possible --where there is clear error--to manage to avoid having to file an MTR by communicating with the USCIS. But, for the most part, there just isn't enough time to try to get someone to do a Service Motion (in which the USCIS reopens the case on their own initiative) and make sure that has happened etc. Thus, most of the time, it is necessary to file the MTR, pay the fees etc. and deal with it that way. 

[indiclark]

Thank you very much for your response. I am thinking of that SR option for two weeks,but i think its clear now that i will file MTR immediately.I will update here about my case in the future.

 

Regards,

Nag.

[latoo1234]

AOS based on I-360 was conducted. It was a general interview and it went fine. Interviewer was happy but she said case held in review and that if I don't hear anything in 120 days, I can make infopass appointment to inquire. No criminal convictions. Was on H1B and now expired and on EAC. 360 and 485 filed concurrently.

Spouse was USC.

I work with Oil corp and it may appear awkward but my company requires on my newly titled position to have PR mandatorily because project requires to travel overseas different locations for a brief assignment. It was embarrassing to indicate to HR tgat I filed I 360 but I did tell them that GC interview is completed and am waiting for a decision.

What can I do so I don't lose my job.

Also my DL is expired. With EAC , DMV is on stage of verifying second stage in TX, can take 20 days. Can I still drive

[Attorney_6]

Latoo,

 

People with I-485s pending can travel on AP and, if all went well in the adjustment interview, the GC may just get approved soon. It is not clear why a promotion requiring a GC/Citizenship was given to a person who does not yet have a GC. There are restrictions on employers from requiring specific immigration status rather than simply authorization to work and ability to do the job. 

 

Just have to work things out with the employer, since it appears that the job can be performed just as well on an EAD/AP....

[latoo1234]

My position is transforming to a new position and individual on this position will be working with US customs and other government facilities with government data. So, on ghis specific position, they mandatorily require permanent residency. Business was affected in past with this employer when personnels had travelled overseas and had problems coming back to US.

HR did mention they can choose to hire GC holders only for specific position. My employer is merged with another company so they have a new corporate policy.

[Attorney_6]

There are (limited) situations in which an employer can legally require an LPR or USC employee.

 

If there is a risk of job loss due to slow GC processing, it is potentially possible to request that the decision be expedited.

[latoo1234]

If I consider you to prepare the expedite, would you be able to help. Roughly, what do you charge for these request. Employer will provide supporting documents.

Or

if you don't help in these matters, any pointers how I can submit directly in this case

[Attorney_6]

The lawyer who filed the case should be able to make the expedite request at the local USCIS office. Look over the expedite criteria on the USCIS website to get an idea of what is required.

[latoo1234]

I just received my GC. I did not hire lawyer in any process.i used justanswer.com website if I had any important questions when I filed. Thank you again for your help.

[Attorney_6]

Glad it all worked out!

[latoo1234]

Problems on top of problems. I got GC under VAWA but my employer is transferring to France for 2 years next year August 2015. How will I quslify for my citizenship and continous residency even if I apply repermit.

We're an Internation trade company.

I'll look into the possibility to leave company but don't want to.

I know there is not but is there anyway I can apply early citizenship.

Secondly, I divorced first spouse. If I remarry, are there any possibilities for expeditious naturalization?

[Janani_NJ]

Hello,

   I am the dependant applicant for AOS.  My EAD and AP were renewed recently till 2016. I am going to India by this month end. For some personal reasons, I have to stay in India for more than a year. I am planning to come back to US in 2016(before AP expiration). Will there be any issue either at port of entry or to my AOS application because of this long stay in India?

 

Thanks

Janani