Can I travel on H1 after filing I-485

aks999

Registered Users (C)
Hi

My I-140 , I-765 and I-485 were filed concurrently in Nov 2003. I did not apply AP.

EAD not approved and i have no plans to use EAD, after it is approved.

My H1 is valid till March of 2005 and also I-94 till March 05

Can I travel to India and come back to US on H1 (without AP).

Appreciate your feedback.

aks
 
Pay attention to your visa stamp

Sure you can travel on your H1. However, please check the visa stamp on your passport. Your H1 status and I-94 is valid until March 2005 doesn't mean your entry visa is valid so long. You cannot enter US with an invalid visa stamp. As I remember, I got a double entry visa valid for 3 months starting from the issued date. Please be careful!

Even if your visa stamp is expired, you may still travel based on your H1. However, you have to go the US consulate to get a new visa. You might have the risk to wait for more than 3 months before your visa can be issued.
 
Re: Pay attention to your visa stamp

Originally posted by greenland
Sure you can travel on your H1. However, please check the visa stamp on your passport.

My visa stamp is also valid till march 05. But, my current H1 approval ( company for which i work ) is different from the one based on which visa was stamped. I changed my company. Now, do I need to get my visa stamped again, with the new H1??

Thanks for the feedback.
 
Yeah I was in your situation(H1/No AP) and I went to India for 4 weeks and got back in, 1 month before my H1 expiry. Everything was fine for me..
 
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