H1 visa restamping/AP pending/485 Pending

T

techtiro

New Member
Hi

My h1 visa in the passport expired in October 2007, but I have a valid H1-B and I-94 till OCt 2008 and Nov 2008 respectively. I-485 is pending. AP has been approved in Sept but the year of expiry was printed incorrectly(i.e., 2007 instead of 2008). It has been sent back for correction and it shows up as pending online. At this stage, can I travel to India without AP approval and get H1 stamped? Would there be any problem with 485 or getting h1 stamped. I read somewhere that without AP approval, leaving the country would mean abandonment of 485. Is that true?

Any help regarding this is greatly appreciated.

Thanks
tiro
 
You can travel abroad and renew your H visa and return with it without abandoning your I-485, even if you don't have AP. The only thing to consider is length of time to get a visa (scheduling the interview, any security checks, etc).

If you want to use AP to return, it must be approved before you leave the country.
 
Thank you for the reply jk0274! I don't think AP papers are going to arrive before my trip. I was wondering if stamping could be affected in anyway because of 485 pending.
 
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