Urgent Help Needed

[nihani]

I am in a big mess. I just got my H1 which qualifies me to work starting Oct. 1st 2007. I am currently on H4. My husband can now apply for I-485 starting July 1. I am planning to travel and already bought ticket to travel abroad on July 9th. my questions are:

1. Can I still apply for the I-485 and proceed with my travel plan?
2. Is my H1 visa still valid?
3. When can I enter the US after applying for H1b visa stamp ?

Please, I am in need of advice. Thank you in advance.

Nihani

 

[uscisick]

as faar as I know you can still apply. your H1 will be valid till you get ur EAD. you can come back as long as your stamp date otherwise on Oct 1st.

K

 

[Sun07]

I am in a big mess. I just got my H1 which qualifies me to work starting Oct. 1st 2007. I am currently on H4. My husband can now apply for I-485 starting July 1. I am planning to travel and already bought ticket to travel abroad on July 9th. my questions are:

1. Can I still apply for the I-485 and proceed with my travel plan?
2. Is my H1 visa still valid?
3. When can I enter the US after applying for H1b visa stamp ?

Please, I am in need of advice. Thank you in advance.

Nihani

You are in no mess whatsoever. I am assuming your husband is on H1B. His filling I-485 does not change his status of H1B and hence you shall continue to remain on H4. And yes your H1B will become valid starting Oct 1st and your H4 becomes invalid. You may have to go outside the country to get H1B stamped.

Your husband can apply for EAD and AP for him as well as you. That gives you additional flexibilty to not even use H1B and instead use EAD and jump from one employer to another.

If anything I can see in your case, it is far from messy. I think you are in excellent shape. Enjoy your trip to India and eat some alphanso for me