Travel restrictions during I485 process

[sunrag1]

Could not find info in one place in this forum..

Trying to understand what are the travel restrictions during I485 process?. I am about to apply for AOS in US. Entire process will take 8-14months (assuming no RFEs or long delays). Which point in time, we can travel out of US for vacation?. May be 2-4weeks vacation plans during this process. We have valid VISA till 2020 btw (so travelling in and out is not pbm).

[Usform007]

You cant travel at least for 3 months after you submit I485. Apply for AP and EAD when you submit I485.

[sunrag1]

You cant travel at least for 3 months after you submit I485. Apply for AP and EAD when you submit I485.

I am seeing biometrics appointments scheduled after 60-90days of applying. can we travel during this time?.

After biometrics, until we get EAD/AP (takes 30-90days), we cant travel.

Post AP/EAD to interview dates (takes 60-120days), can we travel?

[newacct]

I am seeing biometrics appointments scheduled after 60-90days of applying. can we travel during this time?.

After biometrics, until we get EAD/AP (takes 30-90days), we cant travel.

Post AP/EAD to interview dates (takes 60-120days), can we travel?

After you get AP, you can travel with the AP without abandoning your I-485. Unfortunately, EAD/AP is taking 5 months or so to get these days.

If you have H or L work status, you can travel and re-enter on the same type of visa even without AP and not abandon I-485.

[kukumjacka]

No.

After you've submitted docs for Adjustment of Status, AND have submitted docs for AP, AND have NOT received your AP, stay put and vacation within the US of A.
After you've submitted docs for Adjustment of Status, AND have NOT applied for AP, see sentence above.

Guam, USVI, PR should be just fine to go, but be aware that CBP does like to harass people while boarding return flights bound for continental US. They ask for citizenship or other legal status here in the US.

Don't compromise your application. US entry policy is often based on how the CBP officer at the booth is feeling that day. Think I'm joking? Don't.

After you get your AP, you can go to Mars if you want, but you might miss your interview.

[flyforever85]

Could not find info in one place in this forum..

Trying to understand what are the travel restrictions during I485 process?. I am about to apply for AOS in US. Entire process will take 8-14months (assuming no RFEs or long delays). Which point in time, we can travel out of US for vacation?. May be 2-4weeks vacation plans during this process. We have valid VISA till 2020 btw (so travelling in and out is not pbm).

Can't really speak for everyone but a colleague of mine is in US with an H1B visa so we can travel a good amount of time. She applied for I-131 before she received her permission to travel, she had to go to Canada for work. Her I-131 was denied. It's not a big deal because she can still travel with no problem with her H1B but if she loses her job she has to leave the country in 24 hours without a permission to re-enter.

[sunrag1]

No.

After you've submitted docs for Adjustment of Status, AND have submitted docs for AP, AND have NOT received your AP, stay put and vacation within the US of A.
After you've submitted docs for Adjustment of Status, AND have NOT applied for AP, see sentence above.

Guam, USVI, PR should be just fine to go, but be aware that CBP does like to harass people while boarding return flights bound for continental US. They ask for citizenship or other legal status here in the US.

Don't compromise your application. US entry policy is often based on how the CBP officer at the booth is feeling that day. Think I'm joking? Don't.

After you get your AP, you can go to Mars if you want, but you might miss your interview.

If we have valid H1/L1 visa stamped on passport, cant we travel outside while 485 is pending?. I think we can .. Right?

[kukumjacka]

If we have valid H1/L1 visa stamped on passport, cant we travel outside while 485 is pending?. I think we can .. Right?

That's when the state of mind of the CBP officer comes into play.
Leaving the US with pending 485 without AP is deemed as 485 abandonment. If CBP says you abandoned, that means you'll have to start the 485 all over again. They may let you in because of the L1/H1 visa of course but there's no guarantee and a possible trip to secondary.

[newacct]

If we have valid H1/L1 visa stamped on passport, cant we travel outside while 485 is pending?. I think we can .. Right?

Yes. You don't need to have the visa when you leave the US. You need to have had that status when you left the US, and enter on that type of visa.

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That's when the state of mind of the CBP officer comes into play.

'
No it doesn't.

Leaving the US with pending 485 without AP is deemed as 485 abandonment.

No it isn't. Federal regulations clearly state that if someone had H1b/H4/L1/L2/K3/K4/V status when they left and enter on that type of visa, that they don't abandon I-485.

If CBP says you abandoned, that means you'll have to start the 485 all over again.

No it doesn't. CBP doesn't adjudicate I-485.

[sunrag1]

Yes. You don't need to have the visa when you leave the US. You need to have had that status when you left the US, and enter on that type of visa.

- - - Updated - - -

'
No it doesn't.


No it isn't. Federal regulations clearly state that if someone had H1b/H4/L1/L2/K3/K4/V status when they left and enter on that type of visa, that they don't abandon I-485.


No it doesn't. CBP doesn't adjudicate I-485.

Thanks.. This is what I saw in most places.. If we have VALID VISA then I485 is not considered as abandonment. So essentially I can apply and travel and come back when Biometrics called for..