View Profile
View Forum Posts
View Blog Entries
View Articles
Reply With QuoteRead the instructions for the I-131, there are some exceptions to the rule.
I-130 is approved and had an interview at the end of February. AOS is pending on background check.
One question - since I am still working for the same company which sponsored my H1-B, can I travel with H1-B?
Or I will need to apply for AP? Any risk of traveling while AOS is pending?
Read the instructions for the I-131, there are some exceptions to the rule.
DO: Atlanta, GA
Year 2007
5/03: I-485 Receipt Date
8/07: I-485 Approved
8/27: Conditional GC Received
Year 2009
5/15: I-751 Receipt Date
9/22: I-751 Approved
10/3: Unconditional 10yr GC Received
Year 2010
5/10: File N-400 for US Citizenship
As long as you have a valid H-1B visa, you can travel on it.
Originally Posted by ethanwow
Regards,
S K Ghori
skg@vex.net
http://www.vex.net/~skg/
**NOTE**
I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.
**DISCLAIMER**
I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
Thanks for your reply. I forgot to mention that my I-94 was taken at the interview. Will I still be able to use H-1B visa for traveling?
Yes, you do not need an I-94 to travel. You will be given a new one when you return.
DO: Atlanta, GA
Year 2007
5/03: I-485 Receipt Date
8/07: I-485 Approved
8/27: Conditional GC Received
Year 2009
5/15: I-751 Receipt Date
9/22: I-751 Approved
10/3: Unconditional 10yr GC Received
Year 2010
5/10: File N-400 for US Citizenship
Thanks for your replies. My lawyer advises me to apply for AP and it is really bugging me.
On the filing instruction, it does say:
Note:
If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in numbers 1 and 2 are met.
1. You are in one of the following nonimmigrant categories:
a. an H-1 temporary worker.........
2. A Form I-485, application to register permanent residence or adjust status, was filed on your behalf and is pending with the USCIS.
My question is - Is there a difference between I-485 filed based on I-140 and I-130 (because mine was filed based on I-130)?
Makes no difference whether your I-485 is I-130 or I-140 based as far as your question is concerned. Since you have a valid H-1B visa you can travel on it. Have a fun and safe trip.
Regards,
S K Ghori
skg@vex.net
http://www.vex.net/~skg/
**NOTE**
I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.
**DISCLAIMER**
I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.
Thanks. I talked to USCIS Customer Rep and was confirmed that I could travel with a valid H-1B visa.
However, I was told that I need to request original I-94 back to leave the country.
There are currently 1 users browsing this thread. (0 members and 1 guests)
Visit Homepage
