Gurus please advise: I-485, H1B1, I-94, Visa stamp

T

ten san

Registered Users (C)
My question involves the relationship between H1B1, I-94 and the visa stamp on the passport. I want to know the significance of these. I went through the archives but didn’t find a similar case.

My H1 and I-94 are valid till 1st Oct 2002, but the visa stamp on my passport is valid till 1st Dec 2001. While coming from my home country, I didn’t get my passport stamped for my latest H1.

Meanwhile I applied I-485 (AOS) (for myself and wife) in June 2001 (handle “ten san”).

In case I have to get my stamp renewed, my question is what’s the best thing to do:
- Go to Canada/Mexico and get the passport stamping renewed, filing for Advance Parole (AP)?
- Send the Passport to the consulate for stamping?

NOTE: We have no plans to travel out of the US for atleast another year.
 
No Title

You can send your passport to State Department for H-1 visa stamping. Do a search on this forum or State Department\'s web site for details. Good luck.
 
No Title

if you have no plans to travel for another year, then why do you even worry about the stamp? you will get ead in a month or two anyway.
 
Thanks for your replies

Greencraze,

After i get my EAD, it means that I will be in-status, right?
In case my I485 is rejected (i know its very unlikely), what happens, can i still get my visa stamped by post?
 
No Title

oops, i meant AP(assuming you applied for it already)
once you have AP, you can use it to travel outside and come back without worrying about h1 stamp.
incase your i485 is rejected, then you need the h1 stamp to get back into US(if you went out) which you can either get done at a consulate outside US or by sending passport to state dept.
as far as your status is concerned, you\'re in status as long as your h1 approval is valid no matter your passpost is stamped or not.
 
Scenario

Thanks for your reply Greencraze.

No, I didn\'t apply for an AP, since I didn\'t have any plans to travel.

Just to refresh, my H1 and I-94 are valid till Oct 2002. And my passport stamp is valid till Dec 2001.

In case my I485 is rejected. Would it be okay, if I travel say sometime in May \'02 and then get the passoprt stamped (till Oct \'02) from my home country in May \'02.
 
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