Problem when enter US using H1 visa and 485 receipt

M

Meg

Registered Users (C)
Hi,

When I entered US at JFK airport two days ago, I presented my H1 visa with 485 receipt. The immigration officer asked for PA and said that I have to use PA if I applied for 485. I said there is a new memo allowing to use H1. But he kept saying no. Finally, he threw back my 485 receipt and reviewed I797 for H1 and H1 visa, then put stamp on I-94 with H1B valid until my H1 valid date.

My question is why we need to present 485 receipt, H1 visa alone should allow us to enter US anyway, why everybody here said we need to bring original 485 receipt with us. Would it supposed to stamp something else on I94?

Thanks,
king
 
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Meg:

You are lucky that (a) you had a valid H-1. The Immigration officer at JFK was doing the right thing.

The law allows us to have a valid H-1 status (I-797) as well as AOS (I-485). Either you can re-enter the country on the H-1 Visa (which is separate from the I-797 (the 797 allows you to get the H-1) or you can re-enter the country on the Advanced Parole (which is separate from the I-485 which "allows" you to get the AP).

You cannot re-enter the country on the I-485, without the AP - just as you cannot re-enter the country on the I-797 without an H-1 visa.

Regards

KP
 
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This ia a good info for others traveling. We should not show any 485 documents if we are traveling on valid H1 unless they request for it
 
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Here is the problem: You should NOT have presented him with both H1 and 485. I also travelled in your kind of situation. I just presented my H1. Everything was fine. You should remember that you should not confuse officers if you do not want headaches.
 
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I have completely different idea than what I see here. I have travelled to India after I files I485 with H1 visa and I485 original receipt. I thought, the rule is that you can re-enter into USA with your H1 status and keep your I485 going only if you produce I485 original receipt. Otherwise you have to use AP.
My understanding is that if you do not produce I485 while re-entering into USA in H1 status, it may abanden your I485 application.
I may be wrong and I better be wrong but I would suggest you should check with your layer.

This is what I thing and don\'t take it as a legal advise.
 
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I had to travel abroad before I got my receipt notice and was rather aprehensive about
what would happen when I returned (I have a valid H1B). Nothing happened! My
H1B and approval notice thereof were scrutinized, no mention/question about I-485.
My current i-95 is now valid till the end of my H1-B period.

I must say the discussion on this board about needing the receipt to enter had made
me unnecessarily apprehensive, though my lawyer had told me it should not matter.

For the curious, I entered the country at JFK.
 
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