Can I go for H-1 stamping while 485 is pending.

S

Sri_know

Registered Users (C)
Hello All,
I have to visit India and I am looking for options as my wfie's AP approval is not in sight...


I have applied for 485 and APs for my self and my wife. While, I have received mine and my wife hasn't yet...

Now, I wanted to see if I can go for H1 visa stamp and come back on that. I have valid H-1 visa and have a pending 485 which is not in sight.

thanks a lot for your help,
-Sri
 
In the non-immigrant application form, you will have to check "yes" for "have you or someone on your behalf applied for permanent residency". That may cause trouble.

IMO, AP might be better.
 
It is absolutely the best idea to get H1B stamped if possible and avoid using AP. There should not be any problem getting it as Jesusis.... said. It is not very clear whether someone loses the H1B status while traveling on AP. You can find quite a few threads on this in this forum.

However, you should keep your AP and the I-485 receipt notices with you while traveling. In case your I-485 is approved while you are abroad you have to you AP to get back to US as H1B becomes invalid upon I-485 approval.
 
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I did that. In April/May 2007 I went to India and got my H-1 stamped and my AOS got approved on May 8th. You do not even have to ask anyone. If you don't mind Consulate trip, thats the best thing to do instead of spending money on AP and EAD's and worrying about whether it will be approved or not twice every year. And these days consulting rates are high too and plenty of consultingn positions. Just apply AP and EAD for dependent as they can't work on H-4.
 
It is not required to have your AP in hand while you travel and when AOS is pending. You will not check on line status or check mail from USCIS to know about approval. So you will not have any problem. My GC was approved while I was in India and after my H-1B is stamped and I never applied for EAD or AP. My friend sent my mail by UPS(Just tell UPS that you are forwarding mail for a friend) and I showed both GC and stamped passport at Non immigrant lane in Port of Entry and officer told me to use the Citizen lane next time.

eb1a-query said:
It is absolutely the best idea to get H1B stamped if possible and avoid using AP. T.......... In case your I-485 is approved while you are abroad you have to you AP to get back to US as H1B becomes invalid upon I-485 approval.
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knowDOL said:
It is not required to have your AP in hand while you travel and when AOS is pending. You will not check on line status or check mail from USCIS to know about approval. So you will not have any problem. My GC was approved while I was in India and after my H-1B is stamped and I never applied for EAD or AP. My friend sent my mail by UPS(Just tell UPS that you are forwarding mail for a friend) and I showed both GC and stamped passport at Non immigrant lane in Port of Entry and officer told me to use the Citizen lane next time.
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If you did not have your GC while entering you would have had problem getting in with H1B stamp since it gets invalidated immediately and you did not have AP. You can check with any immigration attorney on that. Check this links...answers many questions:

http://www.murthy.com/chatlogs/ch120307_P.html
 
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