Entry to US w/o AP on 485 approval- Needs Guidance

O

octos

New Member
GC Gurus,

My I-485 is pending with March RD. I have valid H1 status and Visa stamp till Mar'04. Have not used EAD or AP till now. I am traveling out of the country in December and plans to re-enter on H1. As long as 485 remains pending,I understand that there is no cause for concern to travel w/o AP as I do have valid H1 stamp.

Now my question is ' what happens if 485 is approved before my entry back to US'. Would that be any reason for the officer at POE to deny entry as I do not have a valid AP with me?

Anyone who has been in the same boat, please share your exp..

-Octos
 
I had serious questions to different laywers about the AP and I-485 pending and a valid H1. The best i can say that if you have a valid H1, which is your key to travle in and out regardless of your AP status. If your case got denied or approved You still have a valid H1B. The only way to deny your entry if the H1B expired. So as long as you have a Valid H1B , you are ok dont worry.
 
Hi
I cam back from overseas in last week of October, using my H1 visa, no problem. I had EAD (never used)and also my I-485 is pending like you. I did not take AP.
My H1 visa expire date is around july, 2004.
I guess there should not be a problem?
 
Thanks Mshaker & Lebu9 for your thoughts.

I am also moving ahead under the assumption that it shouldn't be a reason for concern at all.. Would have been comforting to hear from someone who did enter on H1 w/o an AP and had his 485 approved while out of the country..
 
I travelled twice while my 485 was pending, the 2 nd time I came back .. my h1 visa stamp was expiring in 20 days .. at the airport immigiration counter, the officer told me that I had only twenty days left on my visa and he added 10 days more to my i94 and said that this is not a problem...

I did not use any AP ... if u have a AP you could use it as a valid backup if u are returning back after ur visa stamp has expired ..
 
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