Can you travel on H1 after filing 485 and without AP

Perm Res

Registered Users (C)
Hi,
 I filed 485 in June. I have a valid H1 till Dec 2003. So my question is :
Can I travel outside the US
1. on my H1
2. Apply for my AP and then travel
3. Wait till I get my receipt notice.
Please respond... Its urgent
 
Yes you can

Yes you can travel on your H1 as long as you have a multiple entry H1 stamping in your passport. You don\'t need an AP in this case.
 
Certainly I have travelled like this,

I had to travel after filing my I485 and I did not had
my EAD or AP, but a valid VISA ( H1B) in my passport.
At the POC, he just checked whether I had a valid visa and
did the stamping and next minute I am out of the couter.

Aditya
 
No Title

Bring your original I-797 receipt notice for the application for adjustment of status to get back into the US.
 
question for you aditya -

You mentioned that you travelled outside US after filing 485. Do you have any idea if the Immigration officers at the Port of Entry know that we have filed for AOS. Kindly let me know....... since I am planning for an international trip and have not applied for AP since I have my H1B Visa valid till 2003.
 
Actually They do not care whether you have applie for AOS

or not. As long as you have a valid VISA, they will let you in.
But they have access to the INS database to check your status if they are suscipious about you. if they ask you especially have you applied for AOS, you should not lie, you have to tell the truth and tell them I am yet get to my AP and EAD, if you have the Receipt for your I485 you can show it to them, but tell them I would like to enter using my H1B rather than my I485 politely . Do not antogonise them at any point , because they can spoil your life for ever. If you are so concerned, you should consult yr immigration lawyer before your abroad trip. Because I did the same and my suggestion is out of experience only and not a guidance.

Hope this helpful.

Aditya
 
Top