H1 stamping in Canada while 1-485 pending

[fbf2006]

Hi everyone, I've been on H1 status since Nov 2004 and finally want to get my H1 stamp in Canada. I also just recently filed an I-485. My question is if I leave the country to get my visa stamped, would that imply that I am abandoning my I-485 pending application?

 

[Sanan]

Of Course NOT!
I would only suggest that you have your AP as a back up document to get in here. Just read a post here few days back - some ones H1 stamp got rejected in Canada.

Good Luck

Hi everyone, I've been on H1 status since Nov 2004 and finally want to get my H1 stamp in Canada. I also just recently filed an I-485. My question is if I leave the country to get my visa stamped, would that imply that I am abandoning my I-485 pending application?

 

[sillious_mk]

Hi everyone, I've been on H1 status since Nov 2004 and finally want to get my H1 stamp in Canada. I also just recently filed an I-485. My question is if I leave the country to get my visa stamped, would that imply that I am abandoning my I-485 pending application?

DO NOT leave until you get RD for your I485 application also the AP is considered an important backup.

 

[fbf2006]

Thanks for the answers so far. I have a receipt notice for my I-485 already. If I get AP and use it, wouldn't that mean I'm now on a different status (don't know what it's called, perhaps I-485 pending status)? If so, I can't remain on H1 status.

Let's assume that the H1 would be approved so no backup is needed, my question is simply am i supposed to apply for AP to travel if my I485 is pending and i'm on H1?

 

[Sanan]

Once again NO You don't need AP if your H1 is stamped, even if your 485 is pending!
And you will use the AP only as the last resort to come back - in the country (I have read somewhere that using AP doesn't necessarily void your H1)

Also always confirm things with your lawyer


good luck

Thanks for the answers so far. I have a receipt notice for my I-485 already. If I get AP and use it, wouldn't that mean I'm now on a different status (don't know what it's called, perhaps I-485 pending status)? If so, I can't remain on H1 status.

Let's assume that the H1 would be approved so no backup is needed, my question is simply am i supposed to apply for AP to travel if my I485 is pending and i'm on H1?

 

[sillious_mk]

Once again NO You don't need AP if your H1 is stamped, even if your 485 is pending!
And you will use the AP only as the last resort to come back - in the country (I have read somewhere that using AP doesn't necessarily void your H1)

Also always confirm things with your lawyer


good luck

I agree!
If you're on H1, AP is your last resort.
I just wanted to add that I applied I140 + I485 + I131(AP) altogether and AP+140 got approved without any question. So, yes, you should've applied for I131 (doesn't cost much but it's your insurance)