entering US with I-485 original receipt & H1 approval letter

H

hussamk

Registered Users (C)
HI

I just spoke with my lawer he told me I don't need AP to enter US
if I have an original Receipt of I-1485 and my H1 is valid even if it is not stamped, I can stamp it after I enter US.


He said AP it good only if you don't have a valid Visa, is this true


your feedback is appreciated
 
If you have a valid not expired VISA with previous H1 B yes you can do enter with it. But if your VISA has already expired then you can not enter and need a valid VISA or AP to enter.
 
My stamped H1 Visa is expired and I have a valid H1 approval extension letter but it is not stamped.
 
hussamk:

You need H1 Visa stamped or valid AP to enter. You cannot enter with just H1 approval notice
 
This is an interesting post.
To my knowledge, there is no possible way that you enter the US without the actual H1 visa (the stamp) in your passport. I doubt that your lawyer is right or you might have misunderstood. If it was that simple, everybody would do that. Please double check before doing that.
Good luck.
 
Originally posted by Bic_1702
To my knowledge, there is no possible way that you enter the US without the actual H1 visa (the stamp) in your passport.
Click to expand...

There is a way, if you're a Canadian citizen. :)

Other than that, if you normally require a visa stamp to enter in H-1B status, the fact that you an I-485 is meaningless. However, I've read memos that seem to indicate that if you enter on AP but your H-1B petition is still valid and you only work for your H-1B sponsor, that would not be considered unauthorized employment. So practically speaking, you'd use AP like a visa stamp.

However, if you have no AP and no visa stamp, the only way you're entering the United States is if you have a Canadian passport.
 
Here follow-up question. It happened with one of my friend.

His Stamping is valid till Jan 2004. He changed his company in January 2003. He got it approved with new I-94 on it. It is valid till December 2004. Mean while He went to India in last July. While going he surrendered all his I-94s. When he came back from India at the port of entry they gave I-94 valid till January.
Now He cannot send for revalidation, as original I-94 is no more with him. His attorney is telling him to apply for new H1 or go back to India and get it stamped.

We are unable find any other way. Please help us if any one has any idea.
 
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His Stamping is valid till Jan 2004.

He changed his company in January 2005.

----------- It is NOT January 2005, how he can change?
He got it approved with new I-94 on it.
It is valid till December 2004.
Mean while He went to India in last July.
While going he surrendered all his I-94s.
When he came back from India at the port of entry they gave I-94 valid till January.
Now He cannot send for revalidation, as original I-94 is no more with him. His attorney is telling him to apply for new H1 or go back to India and get it stamped.

**** Correct the sequence of events with dates and diffrent I-94 validity and present I-94 validity and when his H1 visa stamp expired in passport or still valid
 
Ginnu

It is January 2003 . I modified it


Originally posted by ginnu
His Stamping is valid till Jan 2004.
Click to expand...
He changed his company in January 2003.
He got it approved with new I-94 on it.
It is valid till December 2004.
Mean while He went to India in last July. While going he surrendered all his I-94s.
When he came back from India at the port of entry BCIS gave I-94 valid till January.
Click to expand...
 He did not get Stamping in India.(Most recent one)
Now He cannot send for revalidation, as original I-94 is no more with him. His attorney is telling him to apply for new H1 or go back to India and get it stamped.
validity and present I-94 validity and when his H1 visa stamp expired in passport or still valid
Click to expand...
Staming is is vaild Till Jan -2004
 
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Here follow-up question. It happened with one of my friend.

His Stamping is valid till Jan 2004.
He changed his company in January 2003.
He got it approved with new I-94 on it. It is valid till December 2004.
Mean while He went to India in last July. While going he surrendered all his I-94s.
--- He did nothing wrong
When he came back from India at the port of entry they gave I-94 valid till January.
---- ------When he came back to US from India they gave him I-94 valid till his Passport Visa Jan 2004, but according to his H1 approval notice he was supposed to get I-94 valid till December 2004( as he has H1 approval till that date) it means he may have not shown new H1 approval at POE or mistake of POE inspecter if H1 approval was shown , he can go to Local BCIS and can get it corrected, or exit US and renter before his passport Visa expitres and get new I-94 he should have valid I-94 till the date his H1 is approved. if he is staying near to any borderpost go to Canada/ Mexico and re-enter and get new I-94 valid till his H1 approval

Now He cannot send for revalidation, as original I-94 is no more with him.
-----------What do you mean by original I-94? Do you mean that he got with H1transfer? If yes, then he was supposed to surrender all his I-94 and he did nothing wrong. When he entered the US he got new White color I-94, that is the valid I-94 and it should be valid till he has valid H1 approval notice, if he did not show his approval notice with passport visa then he may have got I-94 till the passport visa stamp. He has the I-94 in his passport what is the validity of that I-94? If he has valid I-94 and visa is going to expire in 60 days or visa expired in less than a year he can send his passport for visa revalidation in US, as he has still time he can get it revalidated visit:
http://www.murthy.com/reissue.html
http://travel.state.gov/hlop.html
http://travel.state.gov/visa_services.html


His attorney is telling him to apply for new H1 or go back to India and get it stamped.

----- ----What is the reason to apply for new H1? He has valid H1 approval notice and valid I-94 he can work in US till the time he has valid I-94 and H1 approval notice.


We are unable find any other way. Please help us if any one has any idea.

--------- I did not figure out any reason why he should get new H1 approval? One can also work with out passport visa stamp; many are working with valid I-94 and with valid H1 approval, ask the attorney why he/she says that he should get new H1.

If you have some other out of status concern I dont know.
 
Last edited by a moderator:
Thanks Ginnu. Even I suggested him to go to local BCIS office and get new I-94 their. You confirmed it.

I did not understand his attorney’s suggestions.
 
Entering from canada/mexico without H1 stamp

Hussamk,

My lawyer told me the same thing, you can enter from canada/mexico within 30 days , with your H1B approval and receipt of I485. You don't need AP as long as you have valid H1B approval notice.

My H1 stamp in the passport has expired, but I have a valid Approval notice till Jan 2006. I am planning to visit Niagra falls next month.

Gurus/lawyers Please advise...
 
My lawyer told me the same thing, you can enter from Canada/ Mexico within 30 days , with your H1B approval and receipt of I485.
---- Not correct, you can enter with valid I-94 if you have, that is Automatic Visa revalidation and it is not available to all, citizens of the country that sponsor terrorism cant avail that facility, you should read and search for Automatic Visa Revalidation
You don't need AP as long as you have valid H1B approval notice.
---- you need valid Visa in PP or valid AP or of you have valid I-94 and your trip to Canada /Mexico is less than 30 days and you are not subject to Special Registration or citizen of the country that does not sponsor terrorism you may be allowed but recently border officials refused many. Ask you lawyer to provide the law that can permit you with out valid Visa or AP and inform him that you are going to present that letter to POE inspector and if entry is refused lawyer will be responsible for that . I hope lawyer will will immediately change his stand

My H1 stamp in the passport has expired, but I have a valid Approval notice till Jan 2006. I am planning to visit Niagara Falls next month.
--- Go to US side Niagara Falls, or get H1 stamped or get AP if you want to go Canada side, at US side at rainbow bridge they have BCIS office or POE ask them if you can visit Canada side with out valid Visa stamp or AP or with only valid I-94, they will guide you, don’t take risk in these bad days.
Good Luck!!
 
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