h1/gc travel urgent! urgent!

H

h1gc

Registered Users (C)
Dear All

This forum is really great. I've been a silent visitor of this forum for quite some time now. I've a question which I really-really need advice on:

1)My h1 visa has expired but I have an approved h1 extension notice
2)My 485 is filed with INS and I'm expecting approval any time in November.

I'll be traveling to India in November:

a)What document I should carry along with me?
b)If I-485 is approved while I'm out of the country, will that be abandoned?
c)How does 485 approval works, does it have a date on it( approval notice) by which you have to get the GC stamped?
d)When I go for h1 stamping in India, do I need to carry I485 receipt, copy or original?

Your answer to these question will really give me peace of mind while I travel.

All experts, thanks in advance.
 
In the same boat

I am in the same boat as you.

Not to discourage you, GC approvals don't happen at the expected time. So don't plan on a expected approval.

Though you may have an H1 extension getting an H1B stamp from the consulate is not advisable ( according to my lawyer). The best way is to travel with an AP. At VSC, AP is taking around 30-60 days.
 
Need to enqure at your Local INS office

If you are lucky then you can do it from the Local office. Otherwise you have to send it in to VSC. I had to send it to VSC.
The local office stopped taking appln for AP from June for Employment based AP.

Hope this helps
 
Re: In the same boat

ConstWorry,
Why do you/your lawyer think that it is not advisable to get a H1B stamp at the consulate. I am more or less in the same boat but am not expecting my GC approval any time soon because I've filed for my 485 only recently. Is it still advisable to travel only on AP?

Another question. Does INS send the approved AP notice to us or to the lawyer? It's been a month since the AVM said that my AP was approved but I haven't yet received it.

Do Reply.


Originally posted by ConstWorry
I am in the same boat as you.

Not to discourage you, GC approvals don't happen at the expected time. So don't plan on a expected approval.

Though you may have an H1 extension getting an H1B stamp from the consulate is not advisable ( according to my lawyer). The best way is to travel with an AP. At VSC, AP is taking around 30-60 days.
Click to expand...
 
I really doubt if your 485 is abandoned if it gets approved when you are out of US. I remember reading it somewhere on this board that at the POE, they can see if it is approved and will take the fingerprinting and stamp in the passport. But I may be wrong. So please check with your lawyer.
 
Hi Guys

I dont why the lawyer said to use AP instead of H1B visa. My I485 is pending and I recently visisted India. Got my new H1B visa stamped (since I changed jobs after came on H1B). Then came reentered US without any problem.

However I dont totally agree with july16. Here is what I got from the link u provided july16.

------------------------------------------------------------------------------
If your existing visa is still valid, it will not be considered for re-issuance until the remaining validity is within sixty days of expiring. Please note that you do not require a new visa merely because you have changed employers and received a new I-797 petition from the Immigration and Naturalization Service (INS). If your current visa is still valid, you may reenter the US with that visa as long as you are in possession of a valid I-797, even though the visa contains the information from your former employer.

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

If I am not mistaken, as long u have a valid I797 and a valid VISA which has not expired , then u dont need a VISA.

Did anyone tried this.

HTH
Sudhi
 
sudhi_24

It says If the existing Visa is valid, But his H1 is expired, and he has an H1 extension approved, so can he not get it stamped in St Louis??

If I am wrong please do correct me
 
Read this......

What Are the Documentary Requirements for Travel Outside the United
States for H-1 and L-1 With Pending Applications for Adjustment of
Status?

Current Service regulations at Sec. 245.2(a)(4)(ii) require that
all adjustment applicants obtain advance parole authorization prior to
traveling outside the United States. Prior to enactment of the Illegal
Immigration Reform and Immigrant
Responsibility Act of 1996 [IIRIRA],
such persons were deemed to be applicants seeking admission and were
subject to the grounds of excludability. The Service imposed the
advance parole requirement and the concomitant exclusion process in
order to maintain control over the re-entry of such aliens. With the
phasing out of exclusion proceedings under IIRIRA, however, the Service
believes it is now appropriate to amend its regulations to provide
fuller effect to section 214(h) of the Act by exempting H-1 and L-1
nonimmigrants with pending applications for adjustment of status (as
well as their dependent family members) from obtaining advance parole
authorization prior to traveling outside the United States. Generally,
such H-1 and L-1 nonimmigrants may be readmitted into the United States
in the same status provided they are in possession of a valid H-1 or L-
1 nonimmigrant visa (for those aliens not visa exempt), and the
original I-797 receipt notice for the application for adjustment of
status, and continue to remain eligible for H-1 or L-1 classification.
All other nonimmigrants with pending applications for status must
obtain advance parole authorization in accordance with
Sec. 245.2(a)(4)(ii) prior to traveling outside the United States.


Also read this article in full http://www.shusterman.com/hl-99regs.html

it will answer most of your H1 and 485 related questions.
 
Interesting (Mine is similar)

Well , while waiting to receive an RFE as per IIO (RD 09/24/02), I have a mandatory trip to India in December. Currently my H1 (same company as of GC Processing) is valid until 2004 Jan. I never applied for EAD or AP.

As we cannot expect anything on time from INS, if I travel on H1 and if I-485 gets approved during that time.. --- !! What will happen to approval. How many days do we have to get that stamped etc.

Can you please advise me. I'm planning to be away for 3 weeks. and my wife vacation plan is for 3 Months (may be she need to shorten the trip)

Thanks in advance !!
 
July16

Yes... I think he can get it done in St Louis.

However, he said his h1 expired and his h1 extension approval pending. I think what he is talking is I797, INS notice of action. Not the H1B VISA itslef in his passport.

So may be his H1B VISA in the passport not expired. So its just a guess.

Yes.... ifheis H1B VISA in his passport is expired then he can get it done at St. Louis.

Thanks
Sudhi
 
Can someone please answer what will happen if 485 gets approved while on travel (using H1 and AP).

What is the lime limit set to get the stamping done after the approval ??

Thanks
 
I asked my lawyer about this. If it's approved while I'm abroad, they will send it to me and I should show the original approval notice at the port of entry to enter as permanent resident.

hope this helps!
 
Sajyra,
I have posted the link in my earlier post under the same article, if you read that it will answer your question.....anyway here is the excerpt that addresses your concern.....

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.
 
Hi ThakurSahab,

Thanks for the info.
I am bad at understanding the legal terms. What is meant by granted deferred inspection ?? In lay man terms, is it ok to be outside the countyr while I-485 is approved ??


Thanks again
 
Sajyra,
I'm also like you, am not a legal expert have a limited knowledge of deferred inspection because have'nt gone through it, if you search Http://www.murthy.com for "deferred inspection" you will get lot of information, I have done that in the past....in nutshell it is like the secondary inspection that you go through when you have AP with one main difference that you will be granted 30 days stay and in that time you need to go to local INS office and submit some documents(officer will let you know when he/she admits you under deferred inspection) to local INS office and they will clear the 30 day limit. It is not a straight forward method but is a way out in case you dont have any choice. The first choice should be to avoid this route and take a straight forward route. If you have to go through deferred inspection then I would advise that you accompany your wife back in, do not leave her alone.
 
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