H1B travel while 485 filed

G

GSXR1000

Registered Users (C)
I am planning to travel out of the country from Dec. 2-Dec. 12, 2004 on my H1-B visa which is valid for my present employer through May 29, 2005.
Will I have any problems in travel, since I was told by someone that I need atleast 6 months validity on my visa on the day I get back (Dec. 12). Is this true?

Recently my EB1-EA 140 was approved, and I will be filing 485 prior to departure, but won't be waiting for the receipt from USCIS. Is it preferable to wait for the 485 receipt (I think I read this somewhere) before H1-B travel, and/or AP document?

Thanks. :)
 
GSXR1000 said:
I am planning to travel out of the country from Dec. 2-Dec. 12, 2004 on my H1-B visa which is valid for my present employer through May 29, 2005.
Will I have any problems in travel, since I was told by someone that I need atleast 6 months validity on my visa on the day I get back (Dec. 12). Is this true?

Recently my EB1-EA 140 was approved, and I will be filing 485 prior to departure, but won't be waiting for the receipt from USCIS. Is it preferable to wait for the 485 receipt (I think I read this somewhere) before H1-B travel, and/or AP document?

Thanks. :)
Click to expand...

Never heard of any rule that you need 6 month validity period on a visa to get back into the country. You will get a new I-94 until your visa date, though.

It is not required for you to have 485 receipt or AP, as you have a valid H1 visa. But if you have it, than it will definately not harm you. See if somebody can fax it to you while you are out of the country, so if asked, you can show it when you get back.
 
Thanks, jllag1. Also would you happen to know the answer to the following by any chance?

During the last time I traveled, in May 2002, I submitted my I-94 departure card (with F-1/DS stamp) to the airline. I was also carrying with me at that time an H1-B notice (I-797) back so as to get a new H1B visa. While departing I did not submit the I-94 tearout slip from the I797 notice, but only the I-94 arrival/departure card (white card). On return, at the airport the immigration officer gave me an I-94 arrival/departure card with H1-B stamp, but he did not tear out the I-94 slip from the I-797 notice.

Should I submit the I-94 arrival/departure card I got from the officer at the airport last time, along with the I-94 slip from the I-797 notice, this time when I travel this month, or just the card?

Thanks
 
GSXR1000 said:
During the last time I traveled, in May 2002, I submitted my I-94 departure card (with F-1/DS stamp) to the airline. I was also carrying with me at that time an H1-B notice (I-797) back so as to get a new H1B visa. While departing I did not submit the I-94 tearout slip from the I797 notice, but only the I-94 arrival/departure card (white card). On return, at the airport the immigration officer gave me an I-94 arrival/departure card with H1-B stamp, but he did not tear out the I-94 slip from the I-797 notice.

Should I submit the I-94 arrival/departure card I got from the officer at the airport last time, along with the I-94 slip from the I-797 notice, this time when I travel this month, or just the card?

Thanks
Click to expand...

Its always the last I-94 you get which governs your stay in US. Ideally, you should have submitted the I-94 attached to your H1 I797 the last time you left the country, as it was the last one you got. But don't sweat about it. So, in my opinion, you should only submit your last one (the white one) when you travel again, and forget about the other. Keep it for your records.
 
jllag1 said:
Its always the last I-94 you get which governs your stay in US. Ideally, you should have submitted the I-94 attached to your H1 I797 the last time you left the country, as it was the last one you got. But don't sweat about it. So, in my opinion, you should only submit your last one (the white one) when you travel again, and forget about the other. Keep it for your records.
Click to expand...

Thanks again!
 
You must log in or register to reply here.
Top