Can one travel on H1 when 485 is pending?

T

tsnaresh

Registered Users (C)
Hi,
Can I travel on H1 (got H1B stamp in PP till midle of next year) while my 485 is pending? I have applied to for AP but it is still pending.

Do I need to have AP approved to travel abroad? Does it (without AP) consider to be 485 abandoned?

Any body travelled on H1 while their AP/485 pending? Please share your experience.

Thanks.
 
tsnaresh said:
Hi,
Can I travel on H1 (got H1B stamp in PP till midle of next year) while my 485 is pending? I have applied to for AP but it is still pending.
------if you have valid H1 Visa then you can travel, no problem
Do I need to have AP approved to travel abroad? Does it (without AP) consider to be 485 abandoned?
-----NO, if you have Visa to enter, no need to worry
Any body travelled on H1 while their AP/485 pending?
-----Many have done it and are doing and permited by law
Please share your experience.
----others will post the exp
Thanks.
Click to expand...
 
tsnaresh said:
Hi,
Can I travel on H1 (got H1B stamp in PP till midle of next year) while my 485 is pending? I have applied to for AP but it is still pending.

Do I need to have AP approved to travel abroad? Does it (without AP) consider to be 485 abandoned?

Any body travelled on H1 while their AP/485 pending? Please share your experience.

Thanks.
Click to expand...
same thing here too but not applied for AP
but i read yesterday " parlay " message i saw this
http://www.murthy.com/news/n_favint.html
see this and you can get some info but ask the lawyer , in my case i havent yet applied for AP but my 485 is pending , he said i can go on my H1 . in I-131 i read that we can travel on H1 but as the law is changing every day we need to see the dates of every form when it would expire / when it was revised . this will help us in being more confident .
 
lina_hc said:
same thing here too but not applied for AP
but i read yesterday " parlay " message i saw this
http://www.murthy.com/news/n_favint.html
see this and you can get some info but ask the lawyer , in my case i havent yet applied for AP but my 485 is pending , he said i can go on my H1 . in I-131 i read that we can travel on H1 but as the law is changing every day we need to see the dates of every form when it would expire / when it was revised . this will help us in being more confident .
Click to expand...

If you have a non-expired H1 stamp on your passport, you can happily use that for your re-entry. Your I-485 is not considered abandoned in that situation.
But problem araises when your H1 is expired. In that case you must carry your AP with you, before leaving USA. If you leave USA before approval (and you don't have previous valid AP) your I485 is considered abandoned. The explanation in Murthy.com is clear enough.
 
pralay said:
If you have a non-expired H1 stamp on your passport, you can happily use that for your re-entry. Your I-485 is not considered abandoned in that situation. But problem araises when your H1 is expired.
Click to expand...

I don't think this is the case. How would such a scenario deal with individuals who never need an H-1 stamp?
 
H-1 petition valid, but no stamp

How about if one have his H-1B petition still valid, but stamp is expired. If he leaves USA before Advanced Parole is approved, then renews his H-1B stamp in a US consulate overseas and reenters USA with that - is his AP application still valid? Thanks.
 
Shaf said:
How about if one have his H-1B petition still valid, but stamp is expired. If he leaves USA before Advanced Parole is approved, then renews his H-1B stamp in a US consulate overseas and reenters USA with that - is his AP application still valid? Thanks.
Click to expand...

Yes, AP is still valid. Your H1 stamp does not affect AP validity. You can use your AP anytime in future before it expires.
 
You must log in or register to reply here.
Top