Am I stuck ?

C

clockgc

Registered Users (C)
My H1 status is valid but visa is expired, and also 485/AP/EAD applied. According to some one here it will take 1 year for AP. How can I travel or visit home then ?

Please suggest.
 
clockgc

If you have a valid H1-B and if the current day is less than 1 year from the date of expiry of your visa, then you can mail your passport for revalidation with in US ( I believe to DC) They stamp the visa on your passport and will send back to you. Remember this takes atleast 3 months from the day you mail your passport. The other option is travelling to your country on your H1-B and get the Visa stamped at one of the US consulates in your country ( which is not advisable)

later.
 
neha123

I have changed employer and the expired visa was for previos employment. The renewal won't apply in my case. Can I get the H-1 stamping in Mexico or Canada ? Another question is is 485 considered abandoned if one travels without AP ? Thank you
 
Yes

Yes the 485 is supposed to be abandoned if you travel without a AP. Dunno if you can go to Canada or Mexico
 
Re: Yes

Originally posted by neha123
Yes the 485 is supposed to be abandoned if you travel without a AP.
Click to expand...

I've left the country multiple times without AP, no problems. The I-485 is only abandoned if you cannot re-enter the country, so you either need AP before you leave, or you need to be able to re-enter in a dual-intent non-immigrant category like H, K, L, or O.
 
Thats right.

Thats right. But in this case he cannot use the H1 as he changed employers on I485. I guess he does not has a H1 from the current employer. If thats the case he needs a valid AP.

later.
 
Re: Thats right.

Originally posted by neha123
Thats right. But in this case he cannot use the H1 as he changed employers on I485. I guess he does not has a H1 from the current employer. If thats the case he needs a valid AP.

later.
Click to expand...

oops, I didn't make it clear.

I have H-1 from my current employer. Also the current employer filed 485. I'm on H-1 status but don't have current H-1 visa. What are my options ? Thanks a bunch.
 
Re: Re: Thats right.

Originally posted by clockgc
oops, I didn't make it clear.

I have H-1 from my current employer. Also the current employer filed 485. I'm on H-1 status but don't have current H-1 visa. What are my options ? Thanks a bunch.
Click to expand...

If you have a valid H1 from the current employer and if the H1 visa was not expired for over an year, then you can send it for revalidation (stamping) in US itself (I guess Washington DC)

later.
 
Re: Re: Re: Thats right.

Originally posted by neha123
If you have a valid H1 from the current employer and if the H1 visa was not expired for over an year, then you can send it for revalidation (stamping) in US itself (I guess Washington DC)

later.
Click to expand...

I don't think it's available anymore. Read this (08/18/2003: State Department Makes Automatic Visa Revalidation Policy Change Final and Permanent) at http://www.immigration-law.com/ In breaking news section.
 
Official Site

They are still processing visa revalidations.

clockgc, you can revalidate your visa as long as it's been less than a year since the expiration of your previous visa stamp.

Check the official site for more information

http://travel.state.gov/hlop.html

It has all the information you need.
 
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