During 485 Pending, May I come back to US by H-1B?

H

hlin4

Registered Users (C)
Hi All,
I got an urgent question for my plan.
My I-485 is pending (RD date is Apr/14/2003), and next week I will go to Canada to revalidate my H-1B (to get H-1B visa stamp, my current visa stamp is F-1).
But after I revalidate my H-1, and come back to US by H-1B stamped visa, I will get a new I-94. With a new I-94, that will hurt my GreenCard? (and I have AP, but don't want to use AP, since my H-1B expires in 2005/Oct)
If I use AP come back to US, does this mean I won't get a new I-94 and won't affect my GreenCard Process?
The point of my question is: If I get a new I-94, this is gonna affect my GreenCard of not?

Thanks a lot in advance!

Hai
 
>If I get a new I-94, this is gonna affect my GreenCard of not?
You can enter using H1B visa & new I-94 card. No problems.
 
Originally posted by hlin4
Hi All,
I got an urgent question for my plan.
My I-485 is pending (RD date is Apr/14/2003), and next week I will go to Canada to revalidate my H-1B (to get H-1B visa stamp, my current visa stamp is F-1).
But after I revalidate my H-1, and come back to US by H-1B stamped visa, I will get a new I-94. With a new I-94, that will hurt my GreenCard? (and I have AP, but don't want to use AP, since my H-1B expires in 2005/Oct)
If I use AP come back to US, does this mean I won't get a new I-94 and won't affect my GreenCard Process?
The point of my question is: If I get a new I-94, this is gonna affect my GreenCard of not?

Thanks a lot in advance!

Hai
Click to expand...

You can continue using H1-B if available.
Normally for F1-B to H1-B revalidation you have to go back to ur home country. It is always better to use H1-B if u have it.
 
U have to go to your home country.

Hi there,

Are you re-validating your H1? Your case seems to be that you have changed your staus from F1 to H1 and want a stamp on your passport based on your H1. If so you have to go only to your home country to get a stamp. I dont know if canada is your home country.
 
Two points

Hi Guys,
Thanks a lot.
So, based on you guys' suggestions, I got two points:

1) There's no problem at all for my GreenCard if I come back
to US with H-1B and given a new I-94. (Need more
confirmation to reinforce my confidence:)

2) About H-1B revalidation. I'm from China, but if I go back to China to do my H-1B revalidation, probably the US consulate will do some background check (at least it will take1 month), I don't have that much vacation time to stay in China.
So I decide to go to Vancouver, Canada to do H-1B revalidation. Maybe I still will get background check, or maybe they will refuse me by asking me to go back to China to do that. Even they do that, since I go into Canada by driving (fly to Seattle, drive across the border into Vancouver), within 30 days, I can come back to US by the Valid H-1B approval notice (not H-1B stamp). If US consulate in Vancouver do revalidation for me, that's good, if they don't do that, it's still OK for me to come back to US and then go back to China to do that.
Anyone has similar revalidate H-1B issue as me?

Thanks a lot.

Hai
 
Re: Two points

Originally posted by hlin4
There's no problem at all for my GreenCard if I come back to US with H-1B and given a new I-94. (Need more confirmation to reinforce my confidence:)
Click to expand...

I cannot speak to the visa stamp issues but I can assure you that you can re-enter with your H-1B and have no issues whatsoever. I have done so numerous times, and I don't even have AP (let alone using it).
 
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