Travelling outside US on H-4 after filing DS-260

[linijka 0]

Hi,

my husband (H1-B status at the moment) has been selected in 2015 DV lottery. I'm traveling to Poland in June and have to go to get new H-4 visa stamped in my passport.

My question: should we hold on with filing for DS-260 until I get back to US from abroad? I know that once you file I-485 you are grounded in US for couple of months. Is the the same with DS-260?

I appreciate your help. Thanks!

Monika

[Sm1smom 242]

Hi,

my husband (H1-B status at the moment) has been selected in 2015 DV lottery. I'm traveling to Poland in June and have to go to get new H-4 visa stamped in my passport.

My question: should we hold on with filing for DS-260 until I get back to US from abroad? I know that once you file I-485 you are grounded in US for couple of months. Is the the same with DS-260?

I appreciate your help. Thanks!

Monika

I would hold off on filling out DS-260 till I return with the H-4 in June if I were you.

And technically speaking, one is not really grounded in the US once the I-485 form is submitted. H and L visas are dual intent visas, holders of those visas can travel in and out of the visa without the fear of their adjustment process being considered as abandoned, they do not need to use an AP card to travel either.

Holders of other types of visas can also travel provided they applied for and received the AP card (Advanced Parole) as part of their I-485 application package. An appoved AP card means the holder of such a card is permitted to travel in and out of the US while their case is pending.

Edited May 20, 2014 by Sm1smom