Go out of US having valid H1 but I-185 is approved in the mean time

S

ssmk

Registered Users (C)
Hi,
I have a question for all the people with immigration knowledge. My I-185 is currently pending and I have valid H1 visa and will maintain it ( will not use EAD ). I did not apply for advance parole either. What happens if I go outside USA and my 485 is approved? As I mentioned I do not want to get advance parole but have valid H1. I am not sure about the situation when 485 is approved and you are say in India with valid H1.

Please advice.

Thanks,
ssmk
 
If your I-485 is approved when you are in India you can use H1 to come to US and can get your Passport stamped later at local INS office
 
I-185 approved when outside USA

Thanks ginnu.
So the approval of I-185 will not invaliate H1? If thats correct then I could H1 to come to US.

ssmk
 
Although I485 (if U dont get the petition pending right, does it prove that you are inattentive??) is adjustment of your prior status to green card, H and L visa holders enjoy this freedom of not using AP to enter US when 485 is pending.
When U enter with a valid H1, how will the POE inspector know that a 485 is pending unless you blabber?
 
Thanks jaxen

jaxen,
Thanks. Actually would inspector at POE know if I-1485 gets approved and I try to enter using H1. I am not sure about that.

ssmk
 
No. Only AP has links to your petition . In fact recent AP approvals come with a "other INS petitions pending" tag list.
 
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