Question on entering US on H1B while I-485 is approved while he is abroad.

M

mnbv

Registered Users (C)
My friends I-485 is pending at VSC and he needs to travel abroad for urgent work.
He has valid H1B visa stamped on his passport valid till August 2005.
Is there any problem while reentering into US on H1B when I-485 approved while he is in abroad.

Thanks in advance for any inputs.
 
If 485 is pending and not approved till he gets back ....he can enter the country on H1

If 485 is approved while he is out of country ..he would need AP to get in


Anyway it is always advisable to have AP !!!!!

Experts will be able to give more info !!!!
 
Per Murthy,

Generally, the USCIS should allow one to enter on the H1B or H-4 status or grant deferred inspection. Often, the USCIS examiner or inspector will not even have an opportunity to check the database to confirm that one's GC was approved, so should allow the person to reenter on the H1B or H-4 status. The law allows a person to travel while the I-485 has been filed and pending with the H1B visa stamp and the H1B approval. It would seem foolish to now deny the person entry on the H1B, though it is possible that a poorly trained inspector or one believing that entry on H1B is not appropriate could give such a person a difficult time.

http://www.murthy.com/print/chat0503_P.html
 
MD_Rockville said:
Per Murthy,

Generally, the USCIS should allow one to enter on the H1B or H-4 status or grant deferred inspection. Often, the USCIS examiner or inspector will not even have an opportunity to check the database to confirm that one's GC was approved, so should allow the person to reenter on the H1B or H-4 status. The law allows a person to travel while the I-485 has been filed and pending with the H1B visa stamp and the H1B approval. It would seem foolish to now deny the person entry on the H1B, though it is possible that a poorly trained inspector or one believing that entry on H1B is not appropriate could give such a person a difficult time.

http://www.murthy.com/print/chat0503_P.html
Click to expand...
Even if he has facility to see the approval of I-485 he should allow him to enter using H1. H1 is dual intent visa. On other hand if some try enter on B1 or F1 he would not be allowed.
 
tammy2 said:
Even if he has facility to see the approval of I-485 he should allow him to enter using H1. H1 is dual intent visa. On other hand if some try enter on B1 or F1 he would not be allowed.
Click to expand...
Agree. IMHO, no way one can be stopped on valid H1 and H4
 
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