H extension validity on I-485 approval

[nazimn]

Hi,

Does I-485 approval invalidates unexpired H extension (Form 797) and attached I-94, until I-551 (temporary evidence of permanent residence) is not obtained using I-485 yet ???

Can a person, with the above situation, go to Canada and come back to USA on valid I-94 and expired visa stamp (of course using 30 day Automatic Revalidation rule) ??

Regards
nazimn

 

[jllag1]

Hi,

Does I-485 approval invalidates unexpired H extension (Form 797) and attached I-94, until I-551 (temporary evidence of permanent residence) is not obtained using I-485 yet ???

Can a person, with the above situation, go to Canada and come back to USA on valid I-94 and expired visa stamp (of course using 30 day Automatic Revalidation rule) ??

Regards
nazimn

As your 485 is approved, you are not in H1 status. So you need either AP or a stamp in your passport to come back into the country.

 

[nazimn]

What if you haven't recieved your approved I485 yet and don't have AP either?

Does immigration at the border really have the information about your status?

 

[jllag1]

What if you haven't recieved your approved I485 yet and don't have AP either?

Does immigration at the border really have the information about your status?

They do. But you are not supposed to go out of country after 485 approval without stamp/actual GC/AP. So if you do decide to leave the country w/o any of these, you might (and probably will) face trouble when trying to get back. You just gonna have to wait until you get your passport stamped, as you don't have AP.

 

[nazimn]

At the back of each Form I-797 (H-1B or I-485 notice of action), there is Additional Information. Under that there is "Approval of an immigrant petition" section. The first paragraph states:

"Approval of an immigrant petition does not convey any right or status. The approved petition simply establishes a basis upon which the person you filed for can apply for an immigrant or fiance(e) visa or for adjustment of status...."

Doesn't it I-485 approval notice doesn't change the existing status (e.g. H-1B non-immigrant) ??

If thats the case then you should be able to use it until you get immigrant visa stamp. If this isn't the case, then most probably not.

Any ideas on that??

 

[TheRealCanadian]

"Approval of an immigrant petition does not convey any right or status. The approved petition simply establishes a basis upon which the person you filed for can apply for an immigrant or fiance(e) visa or for adjustment of status...."

In layman's terms, it means that the approval of an I-130, I-140 or I-360 (the immigrant visa petition) does not convey any status.

Doesn't it I-485 approval notice doesn't change the existing status (e.g. H-1B non-immigrant) ??

An I-485 is not an immigrant visa petition. It is an adjustment of status petition, and when it is approved, status is adjusted (ie. changed).

If thats the case then you should be able to use it until you get immigrant visa stamp. If this isn't the case, then most probably not.

AOS beneficiaries never receive an immigrant visa stamp in their passport. This is only given at the consulate. Although an immigrant visa number is assigned, there is no need to provide the actual visa stamp since the alien will not need to enter the US as an immigrant - they are already here.

The I-551 stamp is merely temporary evidence of existing immigrant status, nothing more.

 

[imwatcher123]

At the back of each Form I-797 (H-1B or I-485 notice of action), there is Additional Information. Under that there is "Approval of an immigrant petition" section. The first paragraph states:

"Approval of an immigrant petition does not convey any right or status. The approved petition simply establishes a basis upon which the person you filed for can apply for an immigrant or fiance(e) visa or for adjustment of status...."

Doesn't it I-485 approval notice doesn't change the existing status (e.g. H-1B non-immigrant) ??

If thats the case then you should be able to use it until you get immigrant visa stamp. If this isn't the case, then most probably not.

Any ideas on that??

Immigrant petitions mean I-140 or I-130. I-485 is different. Once your I-485 is approved, your status has been changed to LPR. Your previous status no longer exists.

 

[nazimn]

So again in the sense of travelling to contiguous territory countries, you have to have temporary evidence stamp to get back into USA and can't reenter (with or without valid I-94) until you get that ??

 

[jllag1]

So again in the sense of travelling to contiguous territory countries, you have to have temporary evidence stamp to get back into USA and can't reenter (with or without valid I-94) until you get that ??

I am sorry, I did not pay attention to your question, as you specifically are asking about contiguous territory. I really don't know. I wonder, when you travel to Canada, return within 30 days (and not apply for any visa at US consulate in Canada), are you technically applying for admission at POE?

 

[TheRealCanadian]

when you travel to Canada, return within 30 days (and not apply for any visa at US consulate in Canada), are you technically applying for admission at POE?

As a non-immigrant, you are always applying for admission no matter where you were. As a permanent resident returning after less than 180 days, you never request admission - you have an automatic right of return as a PR. Travelling without the stamp might be a challenge, only since you need to prove your PR status some other way.

 

[nazimn]

Well, that is if I want to prove my PR status while coming back to USA, but if I have a document (H-1B notice of action) with I-94 that hasn't expired yet (may be invalidated due to I-485? updated at the immigration system at windsor/detroit border?), can't I just make a roundtrip to Canada back to USA based on that ??

Once I get I-485 approval notice in my hand, I can go to local USCIS office to get the stamp and of course at that time I'll have to surrender I-94.