Do I need AP?

S

sgerald

Registered Users (C)
I am on H1 status and I have revalidated H1 VISA in July 2002 for another 3 years. I am planning to go out of the country. I called local INS office to find out if I have to take care of any thing and I was told that I must have AP if I have I I485 pending. It is a big confusion since I already have H1 visa. Any advice would be highly appreciated.
Thanks.
 
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I-485 Receipt notice

Since you are using your H1 visa, I think you are safe to travel on valid H1-B visa along with I-485 RECEIPT. (In this case, without I-485 receipt you cannot travel).

Hope this helps !
 
Thank you for the reply

I will take I485 RECEIPT and employer's letter. I hope that is all I need since I have no EAD or AP.

Thanks again.
 
traveled on h1b

I traveled on H1B while my I485 was pending without any issues. The only situtation that I heard might be a problem, is when your 485 is approved while you are abroad. In that case you should not (or can not ?) enter the country on h1b visa (AP is ok in this case). But I am not 100% sure. Check with your lawyer.
 
thank you guys

I belive there should be no problem to travel on H1 as my RD is 04/2002 and I am not expecting it to get approved any time soon.
My lawyer's a jerk, he asked me to call LOCAL INS and when I called they are not ready to listen anything but asked me to get AP whatever the case may be.

I appreciate your replies.
 
Be Careful

Be careful, some of the things that have been said to you here are not true.

You can get in and out of the country if and only if you have a valid H1 visa stamp in your passport. It does not matter if you have revalidated it. What matters is wheather you have received a new stamp in your passport or not.

The AP is your shield against all these issues. The response that you got from your local INS office is correct. I would advise you to get your AP also.

It does not take to long. I am traveling in January, I submitted my paperwork for the AP and I got it within 3 weeks.

Bulova
 
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I did travel using my H1b renewal notice and Visa stamping while my I-485 is pending. You don't need AP if you have a valid H1b & visa stamping.

Hope this helps.;)
 
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