H1-Visa Revalidation

A

a

Member
I recently got my H1 extension done for next three years. I still
havent sent it for visa re-validation. So the visa stamp on my passport has
the expired visa even though I have the in-status H1 approval notice.
My question is: Do I have to get my visa re-validated before I apply
for my I-485 ?
 
No Title

The visa in your passport is not related to your status in the USA. As long as you have a valid I94 you can stay here and work legally.

If you leave the country you need to get a new visa from a consulate before being allowed back in. I understand that you can apply for a new visa to a consulate in Mexico or Canada, however you may need to follow a specific procedure including scheduling an appointment.

There is some interesting interaction between the H1 visa, EAD (Employment Authorization Document) and AP (Advance Parole). Also if you have been out of status at any point you may have problems getting a new H1 visa (3 & 10 years ban). Get legal advice if you have a complicated case, and get it before leaving the country.

Good luck!
 
You must log in or register to reply here.
Top