name check pending and going outside US

S

soc_aus

Registered Users (C)
Hi:

My H1B is valid until June 2008 and my I485 is pending. I have done my biometrics. I have not filed for Advance Parole as my visa stamp is still valid until 06/08. My question is if your namecheck is pending can you leave the US temporarily for work or to visit family? What do you have to do if you have to travel while you wait for I485 and have an expired visa stamp and name check pending? Do I need to apply for advanced parole?

Please enlighten me on this one.

:confused:

Thanks,

soc_aus
 
I think you should better apply for a Advanced Parole. although your H1B is valid, you may still need to get your visa approved. check with someone from your country, since you may have multiple entries on your H1B visa. good luck
 
I am in the same status as you. My H1B is valid till feb 08 and I recently went to India and came back last week. I did apply for an Advance parole even though my lawyer said I did not need one since I had a valid H1B. So when I landed at Chicago.....they did not ask me for anything. They just saw my H1B visa and stamped the I-94.....thats it. So my advice still is IF YOU HAVE TIME.....just better apply for an AP to be on the safer side. My thinking was you never know when the USCIS or INS changes its rules and they might change when you are in India....so its a good backup to have it since it could also be possible your GC may get approved WHILE you are IN India......! My experience was you dont need anything else other than your valid visa at the check point. But as we are still "aliens".....we better carry ALL our papers as I did.....because until we get that piece of GC....we are still subject to surprise changes in rules...lol...:)
 
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