Travelling to canada after filing I-485

[mansi_12]

Hello,

Can anyone tell me if I can travel to canada on a valid H1-B visa after filing for 485 and before I get the 485 receipt in hand.

Or is it advisable to come back and then file for 485, but although the dates to apply are open till 31 jul, what are the chances that the application will be accepted, considering there's a cap for the number of 485's per country.....................

Thanks.

[howdy_howdy]

Hello,

Can anyone tell me if I can travel to canada on a valid H1-B visa after filing for 485 and before I get the 485 receipt in hand.

Or is it advisable to come back and then file for 485, but although the dates to apply are open till 31 jul, what are the chances that the application will be accepted, considering there's a cap for the number of 485's per country.....................

Thanks.

As long as you have H1 visa stamp on your PP for re-entry and your h1 is valid, you can get out of the US and come back even if you have applied for
I485 or not.

[knowledgeable]

Immediate Action For 485 To Be Taken

Immediately fiile for your 485. Do NOT WAIT. You do not want to lose even one day.

When you send the 485 papers, make a copy and send them by return receipt USPS/courier. I'd prefer next day courier, unless USCIS says otherwise.

You can travel to Canada on your current status. Just have other documents in your vehicle, like your rental agreement, house deed, your passport, your utility bills, a letter from your employer, a recent bank statement etc.

You will not need anything at all, except for your current status document and passport.

It's just that having other documents with you give you the confidence, which the immigration officer at the border sees on your face and lets you enter the United States!

If driving, be prepared for extra long waits and car lines.

Good luck.

[mansi_12]

Thank you so much for all your advice.

[jaiman]

you CANNOT travel outside US once u have filed 485-even if u have valid H1 visa-u need to get the receipt notice in hand before u leave-or else u will not be allowed to renter

[knowledgeable]

Not true - special case for Canada allows travel

US has a special case for Canada allowing you to travel without issues.
Now that you've been scared off by someone, just contact your lawyer and then double check with USCIS.

[Andream13]

Travel outside of the United States while adjusting status. (I-485)

Hello,

Can anyone tell me if I can travel to canada on a valid H1-B visa after filing for 485 and before I get the 485 receipt in hand.

Or is it advisable to come back and then file for 485, but although the dates to apply are open till 31 jul, what are the chances that the application will be accepted, considering there's a cap for the number of 485's per country.....................

Thanks.

"If You Need to Travel

If you need to leave the United States temporarily while your Form I-485 is pending, please see the instructions for Form I-131, Application for Travel Document, for more information. Generally, if you have a pending Form I-485 and you leave the United States without an advance parole document, you will have abandoned your application. For further information, see our Travel Documents page." https://www.uscis.gov/greencard/whil...ion-is-pending

"Caution

Travel outside of the United States may have severe consequences if you are in the process of adjusting your status (applying for a green card). In general, if you are seeking immigrant status (a green card) and depart the United States without the appropriate documentation (i.e. advance parole) you may be inadmissible to the United States upon return, or even if admitted, you may be found to have abandoned your application." https://www.uscis.govhttps://www.imm...ergency-travel

I am copying literally: If you travel outside the United States while your Form I-485 application is pending and you do not have a valid advance parole, your case may be denied for abandonment. There is a narrow exception for individuals maintaining certain nonimmigrant statuses.
Check with your lawyer.

On the "I-131, Application for Travel Document"(in the part where it reads: For an advance parole document for individuals who are currently in the United States)
there is a bullet with the following:"An explanation or other evidence showing the circumstances that warrant issuance of an advance parole document". https://www.uscis.gov/i-131 It seems to me that you might want to consider postponing your trip, if this is just for fun. But, again, check with your lawyer.

I know that I am writing this years after it was asked, but I hope it might be useful for other people in the future.
Best of luck!

[Spaniard88]

Hello,

Can anyone tell me if I can travel to canada on a valid H1-B visa after filing for 485 and before I get the 485 receipt in hand.

Or is it advisable to come back and then file for 485, but although the dates to apply are open till 31 jul, what are the chances that the application will be accepted, considering there's a cap for the number of 485's per country.....................

Thanks.

Do not leave the US while on the I-485. Don't trust that user that was saying you can leave the country. That's not true! Your case will be rejected.
If you applied to I-130 wait for that Advance parole to be approved prior to traveling!

[newacct]

Do not leave the US while on the I-485. Don't trust that user that was saying you can leave the country. That's not true! Your case will be rejected.
If you applied to I-130 wait for that Advance parole to be approved prior to traveling!

This is wrong. Someone on H1b/H4/L1/L2/K3/K4/V status right before leaving the US (the OP has H1b status) can leave the US while I-485 is pending and return on the same type of visa and not abandon their I-485, even if they do not have Advance Parole. This is clearly written in federal regulations in 8 CFR 245.2(a)(4)(ii)(C).

The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required).

Also, this thread is 12 years old.

[Spaniard88]

This is wrong. Someone on H1b/H4/L1/L2/K3/K4/V status right before leaving the US (the OP has H1b status) can leave the US while I-485 is pending and return on the same type of visa and not abandon their I-485, even if they do not have Advance Parole. This is clearly written in federal regulations in 8 CFR 245.2(a)(4)(ii)(C).



Also, this thread is 12 years old.

I did not know about that specific rule for H1B/H4/L1/L2/K3/K4 but that's good to know.
THanks!