Abandoning or not?

J

jaller

New Member
I'm planning to travel outside US while waiting for my AP approval. If my AP doesn't get approved on time, my last resort is to use my newly approved H1 and have to get it stamp while outside US.

My question is:
1) If I choice NOT to get a visa stamp and I have my AP approved while I am outside US, can I use it to enter back to US?
2) Does this consider abandoning my I-485 even if have a valid H1 status (no visa stamp)?

Your inputs are highly appreciated. Thank you!
 
Originally posted by jaller
1) If I choice NOT to get a visa stamp and I have my AP approved while I am outside US, can I use it to enter back to US?
Click to expand...
Probably.

2) Does this consider abandoning my I-485 even if have a valid H1 status (no visa stamp)?
Click to expand...

You should be good. You don't need an H-1 to leave the country; you just need some means of getting make. I am visa-exempt and never received any visa stamp, and I leave and re-enter the US all the time without AP.
 
1) If I choice NOT to get a visa stamp and I have my AP approved while I am outside US, can I use it to enter back to US?

-------------------- Your AP should be approved before you depart US read the USCIS link don’t believe the info provided by others they will not be responsible if you are not allowed with AP that was approved after your departure. Ask your lawyer or read what USCIS says many posters mislead others and it may create problem for the entry with AP if that was approved after departure. Lawyer Sheela Murthy said the same in recent chat that don’t leave without before AP is approved or use H1b visa if you have. Visit the link for AP from USCIS:


http://uscis.gov/graphics/services/Emergency/index.htm#Advanced

Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment.
Also visit: http://uscis.gov/graphics/index.htm
 
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