Help! Can I travel on H1B visa before NOA received on I-485/I-130 application?

[Metrich 0]

Hi, I am new but am hoping you can help me.

I filed an AOS based on marriage a week ago (Fedex delivered to Chicago on 12 Oct) and I am worried because I thought it would have been accepted by now - but the checks haven't been cashed and I haven't received email or mailed NOA. I am meant to be leaving to travel back to Australia tomorrow night, and I'm not sure what would happen if the documents were "accepted" while I was out of the country, meaning all my I-94 info was incorrect.

Is there any risk it would jeopardize my ability to re-enter the US in a couple of weeks (I have an H1-B visa)? Or would it simply cause a rejection and/or require a re-filing of some kind?

Does anyone have any advice?

Thank you.

[zeezawrydan 1]

Hi, I am new but am hoping you can help me.

I filed an AOS based on marriage a week ago (Fedex delivered to Chicago on 12 Oct) and I am worried because I thought it would have been accepted by now - but the checks haven't been cashed and I haven't received email or mailed NOA. I am meant to be leaving to travel back to Australia tomorrow night, and I'm not sure what would happen if the documents were "accepted" while I was out of the country, meaning all my I-94 info was incorrect.

Is there any risk it would jeopardize my ability to re-enter the US in a couple of weeks (I have an H1-B visa)? Or would it simply cause a rejection and/or require a re-filing of some kind?

Does anyone have any advice?

Thank you.

Hi There

Firstly, have you filed for the E-notification?

If your application was recvd on oct 12, you should 1 or 2 weeks for the NOA. On my first application I got rejected because I signed on the wrong line (See my Timeline)and my E-notification (G-1145) was on the bottom of all my files. I received a rejection notice in the mail after 10 days. Then sent it again and got my NOA after 8 days.

Second, even-though you didn't get any notice of acceptance, I don't think it's a good idea to leave the country because it will mean that you are abandoning your application.

I believe it would be best if you wait a little longer for the result of your application then decide if you still want to leave. If you choose to leave and not come back for a long time, you might as well do the CR1 Process.

Hope this helped.

Cheers

Hope this helped.

Edited October 19, 2010 by zeezawrydan