H-1B Visa and I-485 Pending

[Love]

Hello,

I have a valid H-1B visa stamped till Sep 2008 on my passport, sponsored by my employer. I am married to a US Citizen who filed for I-130 and I-485 for my Green Card. I am in the middle of the process and have received interview notice for Oct 2007. We never applied for EAD or Advance Parole as the duration of H-1B was valid for long time and I dont expect anything to happen to my job or my need to change jobs.

I am traveling out of USA in September'07 and will be back end of September itself. The questions I have are:

- Do I need to worry about anything in terms of return to USA since I have a pending I-485?

- Is H-1B visa considered a immigrant or non-immigrant visa?

- If the Officer on Port of Entry comes to know that I have a 485 pending, can they create any issues for me?

- If I am asked if I ever applied for immigration / Green Card, what should be my response?

I will appreciate some advise from folks on the board. I am traveling in next 3 days so immediate reponses would greatly help me plan things.

Thank You!
Love

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[ginnu]

Hello,

I have a valid H-1B visa stamped till Sep 2008 on my passport, sponsored by my employer. I am married to a US Citizen who filed for I-130 and I-485 for my Green Card. I am in the middle of the process and have received interview notice for Oct 2007. We never applied for EAD or Advance Parole as the duration of H-1B was valid for long time and I dont expect anything to happen to my job or my need to change jobs.

I am traveling out of USA in September'07 and will be back end of September itself. The questions I have are:

- Do I need to worry about anything in terms of return to USA since I have a pending I-485?
---------------No
- Is H-1B visa considered a immigrant or non-immigrant visa?
--------------------H1 is non-immigrant visa but it has dual intent
- If the Officer on Port of Entry comes to know that I have a 485 pending, can they create any issues for me?
------------------No
- If I am asked if I ever applied for immigration / Green Card, what should be my response?
----------------------tell the truth that your I-485 is pending
I will appreciate some advise from folks on the board. I am traveling in next 3 days so immediate reponses would greatly help me plan things.

Thank You!
Love

-

---------------------

 

[mikeliu88]

- Do I need to worry about anything in terms of return to USA since I have a pending I-485?

No.

- Is H-1B visa considered a immigrant or non-immigrant visa?

H-1B is considered a non-immigrant visa, but with immigrant possibility.

- If the Officer on Port of Entry comes to know that I have a 485 pending, can they create any issues for me?

No.

- If I am asked if I ever applied for immigration / Green Card, what should be my response?

Say yes. H1-B holder is allowed to apply for a Green card.