I thought i was clear on this but not anymore. I have still two more years of H1(stamp & approval) left and i have concurrently filed for I140/I485 two months back. I have not applied for EAD/AP as i have 2 more years left. Suppose i get my FP done next year and i travel outside the country after doing FP and before i return my 140/485 gets approved , can i enter the country on H1B (NIV)? (i.e.) Does 485 approval automatically cancel my H1 making me ineligble to enter on H1 visa?
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H1 and I485 approval.
- Thread starter rpranesh
- Start date
TheRealCanadian
Volunteer Moderator
rpranesh said:Does 485 approval automatically cancel my H1 making me ineligble to enter on H1 visa?
Yes, the I-485 approval does cancel the H1. However, in such a case the POE can parole you back into the US; AP make this more predictable.
rpranesh said:I thought i was clear on this but not anymore. I have still two more years of H1(stamp & approval) left and i have concurrently filed for I140/I485 two months back. I have not applied for EAD/AP as i have 2 more years left. Suppose i get my FP done next year and i travel outside the country after doing FP and before i return my 140/485 gets approved , can i enter the country on H1B (NIV)? (i.e.) Does 485 approval automatically cancel my H1 making me ineligble to enter on H1 visa?
If you have AP, use that for re-entry in case your I-485 is approved. If you don't have AP, you should not use H1 for re-entry. You need to tell POE officer about your approval and go for differred inspection.
I was not planning to apply for AP as i thought i have a valid H1(2 more years) and can keep extending it for 7th year.
As Pralay suggested do i need to carry 485 approval when entering?
Another hpothetical (but possible) scenario is what if my 485 gets approved one or two days before i enter and i am unaware that it got approved?
Rather discussing hypothetical (but possible) scenarios, when do you suggest that i apply for AP? Should i apply for it after getting first FP notice or now (remember i applied for I40/485 a couple of months back)
As Pralay suggested do i need to carry 485 approval when entering?
Another hpothetical (but possible) scenario is what if my 485 gets approved one or two days before i enter and i am unaware that it got approved?
Rather discussing hypothetical (but possible) scenarios, when do you suggest that i apply for AP? Should i apply for it after getting first FP notice or now (remember i applied for I40/485 a couple of months back)
I am also in the same situation. I have posted my concern in another thread which also dicusses similar issue :
http://www.immigrationportal.com/showthread.php?t=139971
Opinions are quite contradictory. Some say, one can re-enter on H1b even if 485 is approved while on travel, while some say 485 gets declined.
Please advise.
http://www.immigrationportal.com/showthread.php?t=139971
Opinions are quite contradictory. Some say, one can re-enter on H1b even if 485 is approved while on travel, while some say 485 gets declined.
Please advise.
fast_gc_seeker
Registered Users (C)
rpranesh said:I was not planning to apply for AP as i thought i have a valid H1(2 more years) and can keep extending it for 7th year.
As Pralay suggested do i need to carry 485 approval when entering?
Another hpothetical (but possible) scenario is what if my 485 gets approved one or two days before i enter and i am unaware that it got approved?
Rather discussing hypothetical (but possible) scenarios, when do you suggest that i apply for AP? Should i apply for it after getting first FP notice or now (remember i applied for I40/485 a couple of months back)
Its very simple. If you dont have AP and 485 is pending then you need
ORIGINAL 485 receipt to enter on ur valid H1B. Hope this helps.
TheRealCanadian
Volunteer Moderator
fast_gc_seeker said:Its very simple. If you dont have AP and 485 is pending then you need ORIGINAL 485 receipt to enter on ur valid H1B. Hope this helps.
No you don't. I've re-entered numerous times and was never asked for anything about my I-485. The inspectors have CLAIMS access, they know you have an I-485 pending.
Thank you for reply.
Your statement is valid when 485 is pending.. What happens when 485 is approved and you are outside contry and you re enter US with valid H1B and no AP..
Lets say if it is legal to enter on H1B with 485 approved and with no AP, then how can I convice this to my lawyer ? Is there site name where this is mentioned..
Thank You.
Your statement is valid when 485 is pending.. What happens when 485 is approved and you are outside contry and you re enter US with valid H1B and no AP..
Lets say if it is legal to enter on H1B with 485 approved and with no AP, then how can I convice this to my lawyer ? Is there site name where this is mentioned..
Thank You.
fast_gc_seeker
Registered Users (C)
TheRealCanadian said:No you don't. I've re-entered numerous times and was never asked for anything about my I-485. The inspectors have CLAIMS access, they know you have an I-485 pending.
Realcanadain, the 485 filing instructions cleary state that 485 ORIGINAL receipt is required if u dont have AP. I checked this with my attorney
and my friends have checked it with their and we confirm that 485
receipt is required. If you havent been checked @ POE its ur luck
but per law its required.
TheRealCanadian
Volunteer Moderator
fast_gc_seeker said:Realcanadain, the 485 filing instructions cleary state that 485 ORIGINAL receipt is required if u dont have AP. I checked this with my attorney and my friends have checked it with their and we confirm that 485 receipt is required. If you havent been checked @ POE its ur luck but per law its required.
Where does it say this? I have open before me the I-485 form from the USCIS web site, open to page 3 where it discusses the AP exemption for H and L holders. Where does it state that the original receipt is required?
fast_gc_seeker
Registered Users (C)
TheRealCanadian said:Where does it say this? I have open before me the I-485 form from the USCIS web site, open to page 3 where it discusses the AP exemption for H and L holders. Where does it state that the original receipt is required?
What I said may have been interpreted in wrong way. Here is what I meant:
Those you have valid H and L visas stamped in passport, DO NOT
need AP. But my attoney says ORIGINAL 485 recept is needed.
Check out following link for details which says quote "..The person needs to carry his/her 'original' I-485 receipt otherwise serious delay at the airport may be caused..."
http://www.immihelp.com/gc/aos/eadap_h1.html
TheRealCanadian
Volunteer Moderator
fast_gc_seeker said:Those you have valid H and L visas stamped in passport, DO NOT need AP. But my attoney says ORIGINAL 485 recept is needed. Check out following link for details which says quote "..The person needs to carry his/her 'original' I-485 receipt otherwise serious delay at the airport may be caused..."
Aha! We've come to the heart of the matter, which is just that an attorney has made engaged in a little conjecture and CYA.
What's the point of carrying around the I-485 receipt? If the POE doesn't look you up in the computers, then they won't discover the pending adjustment and there will be no problems or delay. If they do discover the adjustment, then the receipt isn't going to tell them anything that they don't already know - it's all in CLAIMS.
To claim an I-485 receipt is required is nothing more than attorney's conjecture.
fast_gc_seeker
Registered Users (C)
TheRealCanadian said:Aha! We've come to the heart of the matter, which is just that an attorney has made engaged in a little conjecture and CYA.
What's the point of carrying around the I-485 receipt? If the POE doesn't look you up in the computers, then they won't discover the pending adjustment and there will be no problems or delay. If they do discover the adjustment, then the receipt isn't going to tell them anything that they don't already know - it's all in CLAIMS.
To claim an I-485 receipt is required is nothing more than attorney's conjecture.
what u meant to say may be true..quote"attorney's conjecture".
what about the link I sent? Did you read it? I guess POE officers
can definately track that ur 485 is pending but they 'might' ask
for 485 ORIGINAL RECEIPT. The website says serious delay might
be caused at airport if no receipt exists.
I'm really disappointed that USCIS has no clear guidelines on AP,EAD
AC-21 and many other topics. They make millions of bucks because
people apply for these documents without knowing their actual usage
and also renew them. U'll find numerous forums where people repeatedly ask similar questions because of lack of guidelines from USCIS. There is no clear law stating usage of EAD and AP and AC-21 is full of confusion.
Can we do something about this?
See this below
How Does the Approval of an Application for Adjustment of Status
During the Alien's Absence From the United States Affect His or Her
Readmission?
In accordance with 8 CFR 211.1, a Form I-797 approval notice for an
adjustment of status application is insufficient to establish an
arriving alien's entitlement to lawful permanent residence. An H-1 or
L-1 nonimmigrant (or a dependent family member) whose application for
adjustment of status was approved during the alien's absence from the
United States will be granted deferred inspection in accordance with
Sec. 235.2(b) upon presentation of a valid I-797 notice of approval of
the application for status. Such deferred action shall be for the
purpose of providing conclusive evidence that the alien's status has in
fact been adjusted to that of a lawful permanent resident.
Thanks,
Chandra
How Does the Approval of an Application for Adjustment of Status
During the Alien's Absence From the United States Affect His or Her
Readmission?
In accordance with 8 CFR 211.1, a Form I-797 approval notice for an
adjustment of status application is insufficient to establish an
arriving alien's entitlement to lawful permanent residence. An H-1 or
L-1 nonimmigrant (or a dependent family member) whose application for
adjustment of status was approved during the alien's absence from the
United States will be granted deferred inspection in accordance with
Sec. 235.2(b) upon presentation of a valid I-797 notice of approval of
the application for status. Such deferred action shall be for the
purpose of providing conclusive evidence that the alien's status has in
fact been adjusted to that of a lawful permanent resident.
Thanks,
Chandra