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If 485 is approved while in abroad
- Thread starter grcd2001
- Start date
I guess it depends on the INS officer at port of entry.
1. They may not realize GC approval and just stamp I-94 let you in.
2. May realize that GC is approved but still stamp I-94.
3. May realize that GC is approved and may ask you to goto local INS (differed inspection) for GC stamping.
The only problem I foresee on travelling on H1 with the possibility of GC approval and no AP is...
If spouse is also travelling with you and is on H4 and is coming back at later time then, If the officer asks you for differed ispection and you have to go to local INS and get GC stamped then from that point onwards your H1 is not valid any more and that means your wife's dependent visa (H4) is not valid. If she wants to come back later then there is a very small chance that at port of entry spouce may get into trouble for travelling without AP!
Goodluck
PCee
1. They may not realize GC approval and just stamp I-94 let you in.
2. May realize that GC is approved but still stamp I-94.
3. May realize that GC is approved and may ask you to goto local INS (differed inspection) for GC stamping.
The only problem I foresee on travelling on H1 with the possibility of GC approval and no AP is...
If spouse is also travelling with you and is on H4 and is coming back at later time then, If the officer asks you for differed ispection and you have to go to local INS and get GC stamped then from that point onwards your H1 is not valid any more and that means your wife's dependent visa (H4) is not valid. If she wants to come back later then there is a very small chance that at port of entry spouce may get into trouble for travelling without AP!
Goodluck
PCee
If H1 Papers are available but Passport is not Stamped
Hi PCee,
I am also in I485 stage and currently using H1 for my Job.
I am planning to go to India in Jan. My Passport is not stamped
with H1. Will there be any problem in India to go to Consulate
for H1 Stamping.
Also when we return and my wife stays back in India on H4.
and approval comes after I enter US can my wife travel on H4.
Thanks
manishsg
Hi PCee,
I am also in I485 stage and currently using H1 for my Job.
I am planning to go to India in Jan. My Passport is not stamped
with H1. Will there be any problem in India to go to Consulate
for H1 Stamping.
Also when we return and my wife stays back in India on H4.
and approval comes after I enter US can my wife travel on H4.
Thanks
manishsg
Manish,
There should not be any problem in getting H1 stamping in India if you have all the docs, your wife can stay back in india on latest H4 and come back to US. Normally at the port of entry INS dont ask any thing if you have vaild H4 with necessary docs. And unless and until you do your PP stamping after 485 gets approve, your H1 is vaild and hence her H4.
Vaild H4 means she can enter on H4 without any problems, but now a days INS changing its rule on per day bases. so I would say avoid any trip if your approval is near but if you think that approval is not going to come in near future then enjoy your trip.
good luck
There should not be any problem in getting H1 stamping in India if you have all the docs, your wife can stay back in india on latest H4 and come back to US. Normally at the port of entry INS dont ask any thing if you have vaild H4 with necessary docs. And unless and until you do your PP stamping after 485 gets approve, your H1 is vaild and hence her H4.
Vaild H4 means she can enter on H4 without any problems, but now a days INS changing its rule on per day bases. so I would say avoid any trip if your approval is near but if you think that approval is not going to come in near future then enjoy your trip.
good luck