After Filling I485 Traveling outside US

S

SirZKaGC

Registered Users (C)
I did concurrent filling of I140 & I485 in the beginning of this year.

And I need to travel outside US. Please let me know if there are any issues in this?
And what do I need to take care of before leaving the port & after coming back to US?
 
Originally posted by SirZKaGC
I did concurrent filling of I140 & I485 in the beginning of this year.

And I need to travel outside US. Please let me know if there are any issues in this?

----- if you have not used EAD and has H1Visa stamp then enter on H1 visa stamp. if you used EAD then you need AP in hand before you go out of US to use that AP for reentry to US. you have not posted your correct situation and we dont get dreams if you have Valid H1 Visa stamp in passport or valid AP in hand. dont post incompleate details you may not get correct answer.
And what do I need to take care of before leaving the port & after coming back to US?
---Post your full details
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Continuation.... Visit Outside US- H1b,I140,I485

To start with, I apologize for few details in last posting.

My condition is as:
I have H1B Visa stamped from my last Employer which is valid till 2005 & my last employer have informed INS that now I am not working with them & I am expected to receive new H1B sometime soon & more over I’ll be having EAD/AP also before I leave the US port.

Q1. Can I get new Visa stamped for my current employer from my native country? The H1B law states that to get new visa stamped an individual should have 6 months or less remaining on current Visa. I have more than 6 months on my Visa but the employer have informed INS that I am not working with them.
I don’t want to use my EAD as long as I can get H1B.

Q2. What is an impact on my H1B application? How can I take care of it? Since my I140 & I485 is pending during my visit outside US. Since my I94 will change.
 
Re: Continuation.... Visit Outside US- H1b,I140,I485

Originally posted by SirZKaGC
To start with, I apologize for few details in last posting.

My condition is as:
I have H1B Visa stamped from my last Employer which is valid till 2005 & my last employer have informed INS that now I am not working with them
-----past employer can ONLY revoke H1 petition NOT the Visa stamp on passport. USCIS deal with H1 petition and DOS and consulate stamp the Visa sticker

& I am expected to receive new H1B sometime soon & more over I’ll be having EAD/AP also before I leave the US port.
----- I dont know you will get H1 TRANSFER or new H1??? you dont post full details, how i do know you filed H1 transfer or NEW FRESH H1?? answer depends on that. If you get AP in hand before you go out you can also use AP, if it is H1 transfer and you get H1 transfer approval noice before you go out then you can come back to US with Visa stamp of past employer and at POE show passport Visa stamp and H1 transfer approval notice, you will get I-94 till your H1 transfer notice
Q1. Can I get new Visa stamped for my current employer from my native country?
----No need, if you get H1 transfer, do the above
The H1B law states that to get new visa stamped an individual should have 6 months or less remaining on current Visa. I have more than 6 months on my Visa but the employer have informed INS that I am not working with them.

----employer can ONLY revoke the H1 petition NOT Visa stamp in passport
I don’t want to use my EAD as long as I can get H1B.
------ that is the best option, try to maintain H1 status, even if you use AP and you still work with the employer who filed your H1 you can be on H1 status and can also extend H1 in future

Q2. What is an impact on my H1B application? How can I take care of it? Since my I140 & I485 is pending during my visit outside US. Since my I94 will change.
------- I-140, I-485 will have no adverse affect if I-94 is changed


** in future always post each and every detail, still I coud not make out if you filed H1 transfer with new company or NEW FRESH H1
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