6 month Business trip while 485 is pending

D

dharmagnana

Registered Users (C)
Hello All,

Here's my situation and I'd appreciate your input:

Am currently working on H1-B(valid for another 2 years). My 485 was filed with VSC in Feb'03. I might be offerred a buisness trip to a foreign country from Nov'03-Apr'04. I will have a desk at an office in the US during that time. I will be performing the same job duties in the foreign country as I am here.

Questions:

1. Can I come back to the US on my H1-B?
2. Is my H1-B in anyway compromised?
3. What are the issues that I need to be aware of with pending 485 and working abroad for this period of time?

Thanks very much for your time,
Dharma.
 
Originally posted by dharmagnana
1. Can I come back to the US on my H1-B?
2. Is my H1-B in anyway compromised?
3. What are the issues that I need to be aware of with pending 485 and working abroad for this period of time?
Click to expand...

If, when you return, you will be performing the same duties as in your H-1B petition, you can re-enter on the H-1B without any issues.

I would suggest that you apply for and receive AP; just in case the I-485 is approved (or the H-1B is lost) it will give you a safety valve to get back into the US.
 
Thanks!

TheRealCanadian , Thanks a lot for your response.

A followup question:

I do have an Advance Parole, but as far as I know, APs are valid for a year and mine expires in March'04. Can I apply for another Advance Parole from outside the country? If not, what are my options?

Thanks,
Anu.
 
get a new AP before leaving the country. APs need not be continuous, you can have multiple overlapping APs
 
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