Confused...please help

G

GeCe

Registered Users (C)
Gurus

I am going out of USA for 10 days in March. I haven't used my EAD card till now and still working on H1 B visa, while my wife has used her EAD card for a job, Can i go out of this country using my H1 B visa or do I have to use the AP?

Secondly, say i go out using H1 B Visa and during those 10 days, my I-485 gets approved, then how will I enter back into the country? Can I still use my H1 B visa to enter back or do i have to use AP? One of my friends told me that if your I-485 is approved in your absence and you enter back using H1 B visa, then you GC is lost? I am so very confused...please help

Thanks....
 
You can use a valid H1-B Visa to re-enter the country. Carry all paper work when you travel, a emplotment verification letter from your company and
paystubs.

Do you have an Advance Parole ?

GeCe said:
Gurus

I am going out of USA for 10 days in March. I haven't used my EAD card till now and still working on H1 B visa, while my wife has used her EAD card for a job, Can i go out of this country using my H1 B visa or do I have to use the AP?

Secondly, say i go out using H1 B Visa and during those 10 days, my I-485 gets approved, then how will I enter back into the country? Can I still use my H1 B visa to enter back or do i have to use AP? One of my friends told me that if your I-485 is approved in your absence and you enter back using H1 B visa, then you GC is lost? I am so very confused...please help

Thanks....
Click to expand...
 
Please Double check

Dear GeCe,

I think there is no issue in going out and returning on H1B, however double check regaring your I-485 getting approved when you are out of the country.

As per my understaning if you get the I-485 approved when you are out of US and enter as H1B you are forfeiting your GC!!!

PS: I'm not an attorney and just a user like you.
 
If you travel out on AP or H1 before approval then then there is no problem entering back on the same. GC remains valid.

One should not leave US w/o passport stamping after the approval.
 
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