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rfe2011

Travel while 485/EAD application is in process..

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HI all..

 

Can anyone please help with this question.

I got eligible to apply EAD/I-485 as per the October Bulliten changes that were out yesterday.

My question is, Is it needed that me and my wife need to be in US while the EAD/I-485 application process is going on?

or can we travel to India after submitting all the necessacy documentation.?

*** We have valid visa's(H1b and H4) to reenter US, we are not dependent on the Advance parole **

My wife is going to india on Sep 23rd and returning back on Dec 15th , and i am planning to go to India from Nov 14th to Dec 15th.

 

The only issues that i see is, What happens , if we get a finger print appointment while we are in India?

If we get a RFE, most of the time we just need to submit the documents, we can submit it from anywhere?

 

I see that i have 3 options, please suggest me what to do.

 

i) cancel our India trip, untill all the EAD/485 processing gets completed.

 

ii) apply 485/EAD before i go to India . In the first week of novemeber, as it takes 4-5 weeks for finger printing.

 we will comeback in the mean time.

 I am planning to complete the medicals/documentation of my wife before she leaves (Sep 23rd)

 

cons: If uscis changes priority dates, we will be in trouble

 

ii) apply 485/EAD after coming back from India

cons: If uscis changes priority dates, we will be in trouble

 

Please let me know if there any other suggestions that anyone have.

 

Thank you

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I am on the same Boat ! ...............

 

for my self in 2012 got my finger print in 2 to 3 weeks later. not sure about the situation now,

 

I am pretty sure she or he should be there at the time of finger print we may post pond(reschedule it) but if you miss the finger printing, its a big issue we may need to redo the application process again.

 

That's all i know off and ... Experts Please help us.

 

Thanks in Advance ...

Raja 

 

 

 

HI all..
 
Can anyone please help with this question.
I got eligible to apply EAD/I-485 as per the October Bulliten changes that were out yesterday.
My question is, Is it needed that me and my wife need to be in US while the EAD/I-485 application process is going on?
or can we travel to India after submitting all the necessacy documentation.?
*** We have valid visa's(H1b and H4) to reenter US, we are not dependent on the Advance parole **
My wife is going to india on Sep 23rd and returning back on Dec 15th , and i am planning to go to India from Nov 14th to Dec 15th.
 
The only issues that i see is, What happens , if we get a finger print appointment while we are in India?
If we get a RFE, most of the time we just need to submit the documents, we can submit it from anywhere?
 
I see that i have 3 options, please suggest me what to do.
 
i) cancel our India trip, untill all the EAD/485 processing gets completed.
 
ii) apply 485/EAD before i go to India . In the first week of novemeber, as it takes 4-5 weeks for finger printing.
 we will comeback in the mean time.
 I am planning to complete the medicals/documentation of my wife before she leaves (Sep 23rd)
 
cons: If uscis changes priority dates, we will be in trouble
 
ii) apply 485/EAD after coming back from India
cons: If uscis changes priority dates, we will be in trouble
 
Please let me know if there any other suggestions that anyone have.
 
Thank you

 

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We are on the same boat. !!! 

 

We don't know what to do and typically  finger printing notice will arrive in 3 to 4 Weeks. of course we can do the medical test in September.

 

Hope its safe to travel after giving the finger print. we can reschedule the finger print after the receiving the notice but skipping the finger printing is a big issue and we may need to reapply the process again. 

 

I am seeing in forum some people did the finger printing before the finger print appointment notice due to the vacation plans.but i am not sure better we can consult an attorney.

 

Please help us if anyone knows this process well..Thanks in Advance !!! 

 

Raja

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"My wife is going to india on Sep 23rd and returning back on Dec 15th , and i am planning to go to India from Nov 14th to Dec 15th.:"

 

@rfe2011 -  Yours application filing date will be current from Oct.  Your wife wife will be going to India before that and coming back on Dec.  For filing I-485 (AOS), I think your wife need to be in US. If this is correct then she may not be able to file her I-485 on NOV, if she is in India.

I may be wrong , but you confirm this with some experts.

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After filing for Advance Parole, In case you are out of the country while your petition is being processed, it may be considered by the adjudicating officer as application is abandoned. Please refer to the instructions. Most of them are in plain language.

 

    IMHO, Please postpone your travel until your Advance parole is pending. Please don't post counter questions like "what if my friend receives post and fedex it to me". Like i said out of country while AD pending is considered abandonment. 

 

   Please consult an immigration attorney if you need more clarity.

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