Experts please help! Can I eligible to go to India?

A

a_v1

Registered Users (C)
My H1-B visa is going to expire in the second week of March, 2002. This week I am planning to go to India and I will come back in the first week of Jan, 2002. As my company filed my I-485 few days back they want to wait for EAD until Februar, 2002 to file my H1 extension.

Is the immigration offer at port of entry going to ask me the reason for entering into US with only 2 months of H1 Visa validity?

Your comments are greatly appreciated.
 
No Title

I think U should be fine. Tell the officer my company have filed for extention ( which i think he/she will not ask for).

Note: I am not a lawyer. Do not take my word as final.
 
Thanks for your responses, Please let me know .....

If any one have different opinions.

    Your comments are greatly helpful.
 
You need either 485 receipt or AP

You need either 485 receipt and a Valid H1 or AP and valid H1 visa to be able to reenter the country. Make sure you have either of those documents before you go.

Hope that helps
Arch
 
I agree with ARC

You should have your receipt and valid visa to return. Or you should have your
parole. Without that you could get into trouble.
 
Check with your attorney first. If you leave the country after filing 485 and before getting AP, the

 
 
Who told you this?

Guys,
pl. realize that one doesn\'t even need to apply for EAD and AP. It is something one does by choice and not by compulsion. One can continue to be on H1-B without having to apply for AP and EAD and many choose this.

Who told you that I485 is considered abandoned if you travel before you get AP? Pl. check your sources - it is blatently incorrect and it confuses info. seekers to no end. Even if you choose to apply for AP, you can travel using a valid H1-B.

In any case, it is a very good idea to check with lawyers before making travel plans during I-485.

-Raju
 
485 filed and NO AP -> No travel

485 will be abandoned.
Raju Datla - > I am surprised at your aggressive style particularly when you are wrong.
 
Hope the new link clears up the matter

Apparently you can travel without AP approval if you hold a valid H1-B. So, I was not wrong (follow the new link posted in the thread).

About being agressive, I did not intend to. At the same time incorrect info can be dangerous and I that is the message I intended to convey.

-Raju
 
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