anyone on H1b and travelled outside U.S while waiting for GC

N

ndp125

Registered Users (C)
Hello all,

I just wanted to know how things are in terms of GC for anyone with pending name check.
I got approved on 28th July 2007 and in about 2 weeks time received the I-130 approval notice.

I am still waiting for my GC. I had simulated my timeline based on a H1b member in the forum who applied and received a GC. So far my estimates have been close (+/- 2 days). So I am being optimistic about last week of Oct 2007.

I have a family occasion in my country and I have taken my tickets for Nov 2 2007. I hope I receive the GC before that otherwise I might have to cancel my tickets (I am on H1b however, the immigration officer recommended no traveling outside the U.S)

Let's see...anyone else who had a pending name check (MAY flier) and received GC ??

OR
Has anyone travelled outside on H1b while waiting for name check ??
__________________
indian citizen married to a USC. F-1->H1b->GC appl. (Boston)

I-485/I-130/I-864 concurrently filed

Date Days
11-May-07 0 Received package at Chicago lockbox
16-May-07 5 ND receipt date for all forms
15-Jun-07 31 Biometrics Appt.
===== My APPROXIMATION from here on *========


30-Jun-07 17 Interview Letter sent
26-Jul-07 26 EAD approval email
30-Aug-07 35 Interview - Approved!
25-Oct-07 56 Arrival of Green Card

Note: Approximation!!!!!
Edit/Delete Message
 
do you still have your H1B stamp? f yes, then i guess you can travel as it is still a valid visa. I had an infopass appointment today and the officer told me the same.
 
I believe you need to watch out for a situation where your AOS gets approved while you're out of the country. Then, you obviously shouldn't enter in H-1B status anymore since that status no longer exists. You may want to do some searching on this situation on the web. As far as I can remember, they have a procedure set up to deal with this situation, to let you back into the country. I think this usually happens to EB applicants since their AOS application doesn't culminate in an interview but just gets approved at some point.
 
Clarification

Thank you all for your response.

Based on the link provided by boatbod

I saw two pertinent paragraphs to my case
(I am working on H1b and will continue to work for the same company upon my return in a month. So both the scenarios (GC is not approved by the time I get back OR GC is approved when I am away ) I am still valid on H1b as I am working in the same company.


From the webiste
- If an H-1 or L-1 holder decides to file for and obtain the EAD but keeps working for the same company, he/she is still in valid H-1 or L-1 status and able to extend the H-1 or L-1 as needed (up to the maximum allowable time on that status). The mere fact of obtaining the EAD does not affect one's status; only if the person uses the EAD to take on another job, would he/she no longer be considered to be maintaining H or L status.

- If a person obtained an EAD and then went to work for another company while waiting for the completion of her/his adjustment case, that action would effectively terminate the H-1 or L-1 status of the beneficiary and she/he would have to file for advance parole to travel. The H-1 or L-1 holder would not be able to renew the H-1 or L-1 status in this situation.
Click to expand...

Is my analysis correct ?
The only concern I would have is if the information is not the most updated one.
 
As long as your H1B status is still valid (filing a I-485 doesn't cancel it, using an EAD does) and you have an unexpired H1B stamp on your passport you can travel freely.

In Sep 2006, while waiting for my AOS interview (which was in Oct 06), my wife and I went to the Caribbean and I had absolutely no problem re-entering the US (POE was MIA Intl airport). I brought my interview notice with me just in case, but I wasn't asked for it.

Enjoy your trip.
 
The difference between sarrebal's case and ndp125's case is that sarrebal didn't have an interview yet (therefore no chance the AOS would get approved while abroad), but ndp125 already had an interview and is now waiting for approval pending a name check at an unspecified time.

ndp125, I don't see how the paragraphs you quoted are relevant in this case, except yes you should be intending to work for your H-1B company on H-1B, but once your AOS gets approved while you travel, your H-1B status ceases to exist - then you need an I-551 stamp or your GC to enter which you probably won't have with you if you left the country without them. Do some research about that situation, if I remember correctly you'll get to go to secondary inspection and they'll issue you an I-551 stamp in your passport, something like that.
 
Hello Austriacus,
Thank you for delving so deep into this matter. The insight that you have provided is helpful.
I would also like to thank sarrebal, boatbod and mick123.
To answer the point regarding the paragraphs I have quoted
(According to my interpretation)
Doesn't the 1 paragraph
- If an H-1 or L-1 holder decides to file for and obtain the EAD but keeps working for the same company, he/she is still in valid H-1 or L-1 status and able to extend the H-1 or L-1 as needed (up to the maximum allowable time on that status). The mere fact of obtaining the EAD does not affect one's status; only if the person uses the EAD to take on another job, would he/she no longer be considered to be maintaining H or L status.
Click to expand...

mean that even if I receive my EAD (GC card) as long as I am working for the same company on H1b it does not affect my status
Specifically based on the lines below..
The mere fact of obtaining the EAD does not affect one's status; only if the person uses the EAD to take on another job, would he/she no longer be considered to be maintaining H or L status.
Click to expand...

Please let me know what you think...
 
ndp125 that is correct, mores specifically you need to work the job your LCA is based on for your H-1B. Once you receive an EAD card you have a choice what you present to your current or future employer as evidence of employability, but you certainly don't have to use the EAD card if you keep working the H-1B job. That would be the safest thing to do, it preserves H-1B status.
 
ndp125 said:
Hello Austriacus,
Thank you for delving so deep into this matter. The insight that you have provided is helpful.
I would also like to thank sarrebal, boatbod and mick123.
To answer the point regarding the paragraphs I have quoted
(According to my interpretation)
Doesn't the 1 paragraph


mean that even if I receive my EAD (GC card) as long as I am working for the same company on H1b it does not affect my status
Specifically based on the lines below..


Please let me know what you think...
Click to expand...

I think it should be okay. But i suggest that you do some more research about the I-551 stamp that austriacus is talking about. Make sure you cook all the related books........
 
Austriacus,
Just a quick question. You mention about getting I-551 stamp and secondary inspection. Does that happen at the Port of Entry or do I have to get that elsewhere. I am just preparing.

In the interim period I consulted through ARAG legal service (provided by my company) and the immigration lawyer gave a reponse (to my question): "I don't know what to say to you??" :) Duh!!! (I know...) "That you don't know!!"
 
hey ndp125, i had my interview today and my fbi name check is pending. I am planning to travel in Dec and asked if i can travel with my H1B visa and she told me that as long as my H1B is valid, i can travel without any problems. If the application is approved while i am out of country, i am still able to re-enter on my valid H1B. Make sure you take letter of employment and H1B approval notice. hoping this will help you....
 
Thanks Mick..

Thank you all...

Mick your last response...definietely puts me at ease...

Thank you very much....

I think this thread should be marked as important for anyone considering travel during the GC.

What do you all think..?
If so we should rate this thread accordingly.
 
Here are some more things I found for you on the topic of re-entering when I-485 is approved:

Chat : May 03, 2004

Chat User : Murthiji, I will be traveling with I-485 pending, H1B status / visa and no AP. If the I-485 gets approved while I am outside, will I have a problem reentering? Will I get "deferred inspection?”

Attorney Murthy : Generally, the USCIS should allow one to enter on the H1B or H-4 status or grant deferred inspection. Often, the USCIS examiner or inspector will not even have an opportunity to check the database to confirm that one's GC was approved, so should allow the person to reenter on the H1B or H-4 status. The law allows a person to travel while the I-485 has been filed and pending with the H1B visa stamp and the H1B approval. It would seem foolish to now deny the person entry on the H1B, though it is possible that a poorly trained inspector or one believing that entry on H1B is not appropriate could give such a person a difficult time.

Many I-485 Approvals
Posted Nov 19, 2004

Can I Travel While I-485 is Pending?
©MurthyDotCom
Given the unpredictability of processing times, it is possible for the I-485 to be approved while one is traveling abroad. Therefore, although H-1/H-4 and L-1/L-2 holders can travel without advance parole, it is best not to do so. This is particularly true for individuals who do not have valid visas in their passports. If the I-485 is approved while an individual is abroad, s/he is no longer eligible for nonimmigrant (temporary) status. The best situation is for the individual to have advance parole, which makes travel possible, and to explain the fact of approval at the Port of Entry. The worst situation is if an individual does not have advance parole and plans to obtain an H or L visa at the consulate for reentry. If the I-485 is approved while this person is abroad, s/he is not eligible for the H or L visa at the consulate. Without other documentation permitting travel, one would not be allowed to board the plane without a travel document or valid visa stamp in the passport.

Here is a discussion about the topic.

You can also google: "deferred inspection"
 
Last edited by a moderator:
Thanks a lot Austriacus.

For now I will travel on H1b and see what happens. Unless of course I get the green card..in this week or the next one!
 
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