485 pending, travel with H1B?

Y

yxiong

New Member
First time on board. This is a great forum!

Has any one had the experience or heard of a real case of travel with H1B while 485 pending? I only heard it's theorectically possible. It probably will not affect the 485 case. My question is, when you appear in the embassy/consalate for visa and tell them that you are in the proccess of immigation, will that affect the H1B and get denied of re-entry?

Another question, it's about a month and a half from my intended travel date. There is a slim chance that I can get my AP approved (will mail out the application today). If I don't get it before I leave the country but get it while I am abroad, can I use it? Again this is under the circumstance that I have H1B.

Thanks alot!

Yong

485 ND 7/03 LUD 12/04
1st AP 11/03
1st FP 11/04
 
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yxiong said:
First time on board. This is a great forum!

Has any one had the experience or heard of a real case of travel with H1B while 485 pending? I only heard it's theorectically possible. It probably will not affect the 485 case. My question is, when you appear in the embassy/consalate for visa and tell them that you are in the proccess of immigation, will that affect the H1B and get denied of re-entry?

You can travel on the H-1B with no problems at all. It does not matter if you are the process of getting a GC. The H-1B allows dual intent. Even though its a nonimmigrant visa you can apply for immigrant status. This is allowed under law.
Another question, it's about a month and a half from my intended travel date. There is a slim chance that I can get my AP approved (will mail out the application today). If I don't get it before I leave the country but get it while I am abroad, can I use it? Again this is under the circumstance that I have H1B.
You CAN NOT have someone send you the approved AP to use to come back into the states on. You must have it in hand before you leave.

Thanks alot!

Yong

485 ND 7/03 LUD 12/04
1st AP 11/03
1st FP 11/04
Click to expand...
 
Last edited by a moderator:
Don't sweat it. I know someone who did it this summer. Same situation as you. Absolutely no issues getting an H1b and returning on it to the US.
 
Hi gc2005nyc, thanks for the info. It's encouraging to hear that someone did it.
Is it possible that you can ask your friend what documents I need to bring to the US embassy/consolate for the visa? I mean on top of the regular H1-B stuff, do I need to present my 485 receipt...., or I don't have to mention it at all?

Thanks!
Yong
 
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