Approval when out of country

G

gonenuts

Registered Users (C)
If my 485 gets approved while I'm out of the country using my H-1 for travel. What status does that leave me in ?

Do I enter the country using my H-1 ? My wife will be using her H-4 but she has not been added to my AOS application, what status does that leave her in ?
 
I BELIVE YOU ENTER AS H1. BUT IMMIGRATION WILL KNOW THAT YOUR CASE HAS BEEN APPROVED. I DONT SEE ANY HARM IN THAT, AS FAR AS YOUR H1 IS VALID.

MY GUESS ONLY
 
I think it may be wise for your wife to enter the country b4 u do. If u enter together and at POE and they cancel your H1 due to the 485 approval, then your wife technically is no longer on an H4, and that may lead to unnecessary aggrevation, as is always the case with INS.

However, if she enters b4 u do, then you are still on an H1 and therefore her H4 would still be valid.

Just a thought....
 
thanks

thanks guys,

are you certain that the H-1 gets invalidated at Port of Entry when the GC is approved. ?
 
I believe that your H1 gets overruled automatically by 485 approval (see other threads). If, when you enter, they find on the system that your 485 has been approved, they will give you a provisional stamp and then ask you to go to an INS office within x number of days for stamp. You cannot enter on H1. Same for your wife - if her 485 is approved. If your H1 is overruled thru 485 approval and your wife's 485 has not yet been approved, SHE CANNOT BE ON H4 as the H principal (you) would not be on H1 anymore. She should not travel before you and try to enter on H4 unless (a) her 485 is approved or (b) yours is not approved and you are still on H1.
 
Conflicting views

Spoke with the lawyer and he confidently tells me that the H-1B will not get invalidated, and that will only happen when I go to get the passport stamped.

Of course I'm still sceptical about anything and everything these lawyers say so I'll definitely be cautious.

Do you know approx when you saw these postings from folks who entered with H-1 after getting the AOS approved or can you point me to some postings

thanks for all the info
 
My wife currently on travel on AP. My GC is likely to be approved anytime from now (We just replied for an Medical RFE). Does it pose any problem for her while coming back. She is planning to come back only in Feb 03. Is there a time period to get passport stamped after 485 approval

Please advise
 
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