H-1B Stamping after filing I-485

A

axyl99

New Member
I plan to file I-485 on June 1 and then travel to India on June 5. Is it enough to be in country when filing the I-485 or should I also be here until I get the filing receipt? How long does it ususally take for USCIS to give the filing receipt? Wouldn't it take longer this time becaue many I-485 applications would be filed around June 1.

I have taken appointment in June at the US consulate in Delhi to get my H-1B 3 yr Extension Visa stamped. I read some where that one may loose my non-immigrant status if they file for adjustment of status (I-485). Is that true? Could there be any issue in getting the H1b Visa stamped or entering back in US? I am not planning to file for AP.

Thanks
 
You do not lose non-immigrant visa status just by filing I485 - it would be adjusted to immigrant status 'after' approval of 485. However, you would lose H1B status if you start using EAD.

You can go ahead and get your visa stamped. In fact, it should always be safe to continue on H1B while your GC is being processed.

axyl99 said:
I plan to file I-485 on June 1 and then travel to India on June 5. Is it enough to be in country when filing the I-485 or should I also be here until I get the filing receipt? How long does it ususally take for USCIS to give the filing receipt? Wouldn't it take longer this time becaue many I-485 applications would be filed around June 1.

I have taken appointment in June at the US consulate in Delhi to get my H-1B 3 yr Extension Visa stamped. I read some where that one may loose my non-immigrant status if they file for adjustment of status (I-485). Is that true? Could there be any issue in getting the H1b Visa stamped or entering back in US? I am not planning to file for AP.

Thanks
Click to expand...
 
H1-B Visa Stamping after filing 1-485

I am in the exact same boat. I have my H1-B status approved till 2009, but the Visa stamp in the passport is expired. I have to be in India during 1st week of July 2007.

Also I would be filing my 485, AP and EAD (all together) on June 1 2007. I have been asked my lawyer that I should wait till he gets the 485 filing receipt from INS. He will give a copy to me which I should keep with me when I go to Delhi US Consulate.

The concern I have is - that on the D156 form I will have to mention that I have applied for Immigrant status, which is under process. I am not sure how would the officials at Delhi see this dual intent issue. For them on one hand I have filed for 485 which is pending along with EAD and AP. On the other hand I am applying for H1 Visa Stamping in order to return/reenter to US. If they don't stamp the Visa I can't enter US and I also won't have an approved AP either which I could use to go back. So I can potentially get stuck.

Could the fact that I have already applied for 485 be an issue that can prevent them to stamp H1-B visa on the passport. Has anybody gone through this experience? Any suggestions would be very helpful.

Regards.
 
Same concern

I also have my tickets booked to India on June 8th and going to Canada to get my visa stamped on June 4th. From different forums it seems like I have to apply for 485 and wait in the country till I receive my receipt which could take between 1 week to X number of weeks. Is this true ? Is there an option to apply and leave the country or is it to much of a risk..?
 
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485 filing receipt is not technically required to go outside the country or to get H1 visa stamped. it is just playing safe, in case there is any issue and the application is not accepted. i am also in the same situation. my lawyer told me that they expect it will take 4-6 weeks to get the receipt since USCIS willl be getting 1000s of applications..
My main concern is about the FP notice, which might be delivered while i am away in india. i was told by others that rescheduling may affect the overall process by couple of months. However, if the retrogression comes back in july or aug , it is hard to predict the diffference delay in FP will make..
 
sam concern

but what happesn if you file, leave the country and date of receipt reflects after you left the country, then is it not like filing 485 while you are out of the country ? In this case will it not be considered as invalid ?

offcourse we can request some one to mail the receipt the problem is with the receipt date..is it not right ?
 
I think, even if you get the filing receipt at a later date, the receipt still shows the date they received the application..
Ginnu, other senior members, can someone please comment?
rmarimba said:
but what happesn if you file, leave the country and date of receipt reflects after you left the country, then is it not like filing 485 while you are out of the country ? In this case will it not be considered as invalid ?

offcourse we can request some one to mail the receipt the problem is with the receipt date..is it not right ?
Click to expand...
 
activex111 said:
I think, even if you get the filing receipt at a later date, the receipt still shows the date they received the application..
Click to expand...

Absolutely. If you look at my signature, you will notice that my receipt was not generated for two months after my I-485 was received. My last I-94, in fact, was dated 30 days after the Receipt Date, but 30 days before the Notice Date. No problem at all.
 
same concern

Can you please let me know the difference between the Notice date and the receipt date
 
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