gurus - help needed....

G

gcslowgoer

Registered Users (C)
I have H1 valid till middle of next year, I got my 485 approved last week.

How long do I have to stamp my passport ?

Until I go for stamping, is it true to say that I am on H1, even if I go to India and come back ?

Thanks in advance.
 
Dont think so

I think once your GC is approved you are not on H1 and if you dont have a Visa Stamp on your Passport you will probably need a Parole Visa.

Thats just my opinion. But why do you want to wait for your stamping?:confused:
 
thanks for the reply - patience gc

My wife is yet to get approved, and we don't have AP. And my lawyer is advicing me to leave the country and enter on H1/H4. Because we don't have enough time for AP.

Thanks
 
dont know how good your lawyer is

But seems to be a little risky to me.

My advice would be to wait until your wife gets approved.
 
Hmm .. I believe the moment your I-485 is approved, you are already a Permanent Resident. So, I suggest that you get the passport stamping ASAP. It's interesting to find out why your lawyer suggested that you enter with H1 visa, as in INS database, you are already a PR. H1 is for non-immigrant...
Btw, passport stamping is NOT mandatory (see the Immigration FAQ of www.immigration.com) - it's a temporary proof of your permanent residency.

I wonder what questions that you will get at POE if you are going to use H1/H4. When the officer checks the computer, he/she will notice that you have an approved I-485. You can bring your I-485 approval and show it at POE and the officer will stamp your passport. But then, with this scenario your wife is no longer eligible for H4 though ..

Is this trip is something urgent/emergency? Can't you find out with the INS about the status of your wife's I-485?
 
Too risky!

If you are going out of country you should get your passport stamped. You have an option not to and on your return can get it stamped at the POE. However, your wife is still an adjustee. She has to have an AP to enter into the country back. Since you do not have an H1. Your status have been adjusted from H1b to PR the day the case was approved. She loses the H4 status at the same time.

Your options if you are short of time.
1. Fill out AP application and go to your local INS office. Tell the it is an emergency situation and you have to go. May work-out immediately or in a few days.

2. File an AP for both of you before you leave, ask a friend or relative to collect it from your mail box when it arrives and mail it to your country in registered mail with the shortest time. Come back with it. This option might mean you are taking a higher risk. You may have to stay in the foreign country indefinitely until you get your AP there.

This is not a legal advice. Consult a competent immigration attorney.

Good luck
 
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