please answer this question?

coolcat3

Registered Users (C)
HI!! GC GURUS!!
After applying for 485 can we travel out of country,H1B is valid till next year April.I do not want to aplly for Advance perole.Basically i want to utilise my H1B to travel in and out of country.I may have to work in Europe for the same company thru which i applied the greencard.

I appreciate the earliest response.
 
No Title

Yes you can. If you have maintained status throughout your stay in the US, you have nothing to fear. You do not need an AP to travel if you have a valid H-1 to re-enter. That is the benefit H-1 and L-1 visa holders have over other types of visa\'s applying for 485.

P.S.: I\'m not a lawyer and you may want to check with one about your case. I haven\' myself travelled out either after applying for 485. But I knwo friends of mine who have done so without having any trouble.
 
I have another question regarding traveling on H1 after filing I485: Do we still need to get the vis

 
 
No Title

yes of course! If you don\'t have a valid H-1 stamp in your passport, then you cannot enter the US. If all you have is just an H-1 approval obtained when you were in the US, then you\'ll need to get a visa stamped either through St. Louis or through Canada / Mexico / home country consulate. If you see reason for denial at these consular posts, use your AP instead.
 
But would not you lose your H1 status if you travel with an AP?

Isn\'t it true that if you enter the US as a parolee, then you lose your H1 status and you will have to apply for an EAD. I plan on travelling to India myself with a H1 visa but I will also be taking my AP along with me. If stamping is denied I will use the AP to enter the US. My concern is what happens afterwards. If you lose H1 status on account of using AP, will I have to apply and get an EAD before I can continue with my present job? Any comments!!
 
Thanks v_a_rao!!!

I have one more question to ask you.What does it mean by maintained status throughout your status in the USA.Can u explain me little bit.

Thanks
 
NSC Update

I-485
Mailing Date 12/13/01
Receipt date 12/14/01
Notice Date 12/18/01
EAD approval 01/11/02 - document not yet received.
AP approval 01/08/02 - Document received
 
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