Re-entry on valid H1-B visa

S

sambhar

Registered Users (C)
I have a valid H1 till June 2003. My AP is expiring end of December. I have to make a trip to India end of January.

Is it true that I can re-enter with a valid H1 even if my case is adjudicated during my absence? I am Oct. 2001 RD case. Got a RFE for a Birth Certificate. Response to RFE received by INS on Nov. 22nd.
 
As far as I know, yes, you can enter with a valid H1 even if your 485 has been approved in your absence.
 
Thanks Mavishka & Sajyra!! I have not used my EAD or AP so I guess I should be ok. My lawyer said the same thing. Just wanted to double check.
 
Yes if your EAD has not been previously put to use (i.e. you are still on H-1B status), you can re-enter with your H-1B. My lawyer told me the same.

As always, be sure to get a "travel letter" from your employer saying that you are going on vacation and will come back in so-and-so date to continue your employment. Plus take some recent paystubs with you. This is also recommended practice by our corporate immigration lawfirm for H-1B workers who work in my company.
 
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