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I-131for child not approved

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  • I-131for child not approved

    Me, my wife and daughter filed our I-485 application on Aug 25, 2020 (received date).
    Mine and wife's EAD and AP got approved on Dec 15 2020 and subsequently received our cards in mail on Dec 21 2020.

    However, my daughter (9 years) is yet to receive her AP document. We have tickets booked for India for Feb 13. This is a travel I cannot avoid. I have below questions:

    1. Can I travel out of US with my daughter's AP still in "Case Received" status?
    2. If I travel to India with case still not approved, would it adversely affect her AP (would it be considered abandoned) and hence our Green Card application? Note our I-485 is still under processing.

    I would appreciate if you could help answer above. Anyone in similar situation sharing their experience would be big help as well.

    Much Thanks!

  • #2
    No one, without AP in hand, should travel abroad. Most likely the I-485 will be denied and that person will not be able to return to the USA.

    You alone, or with your wife, can travel with your EAD combo card.

    Note: no expert, just from the information I read.
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 12/34 - Case and Fingerprint Fee Received / Biometrics appointment
    Day 112 - EAD delivered
    Day 195 - Letter for missing I-693
    Day 8xx - no news (retrogression) - current for 3 months now
    EAD 1st renewal: 2 approved in 24 days, 1 in 133 days

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    • #3
      Do you guys currently have H or L status?

      This is my personal opinion and is not to be construed as legal advice.

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      • #4
        We are on H1b visa. We are now considering getting all of our H1b stamped while in India regardless of our daughter getting AP approved before we travel. The risk we will be carrying if we travel with AP not approved would be that her application is abandoned. Unsure what to do. Please guide.

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        • #5
          Originally posted by piyushgoyal4 View Post
          We are on H1b visa. We are now considering getting all of our H1b stamped while in India regardless of our daughter getting AP approved before we travel. The risk we will be carrying if we travel with AP not approved would be that her application is abandoned. Unsure what to do. Please guide.
          Your daughter's AOS will not be abandoned if she had maintained H4 status until right before she leaves the US, and she returns on an H4 visa. (In order for that to be true though, that means you had to have maintained your H1b status until right before you guys leave the US, and you return on an H1b visa.)

          This is my personal opinion and is not to be construed as legal advice.

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          • #6
            Update 01.22.2021: Still no update on my daughter's AP. We have booked our H1 stamping appointment in India, we travel to India Feb13.

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