travel before h1 expires, 485 pending

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coolit1975

Registered Users (C)
My 140 app. got approved and 485 is pending (EB2, ND 03/04).

H1-B is valid until Oct 16, 2005. I do not have an adv. parole as the company feels to apply for H1b extension which it is in the process to do it. Fine with me.

Is it OK if I travel back home and come back couple of weeks before my visa expires? Can there be any complications? I do not think I will be able to get receipt notice for H1b extension by the time i leave.

Gurus, please advise.
 
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coolit1975 said:
My 140 app. got approved and 485 is pending (EB2, ND 03/04).

H1-B is valid until Oct 16, 2005. I do not have an adv. parole as the company feels to apply for H1b extension which it is in the process to do it. Fine with me.

Is it OK if I travel back home and come back couple of weeks before my visa expires? Can there be any complications? I do not think I will be able to get receipt notice for H1b extension by the time i leave.

Gurus, please advise.
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---------- if you have valid visa stamp when you come back you can enter with valid Visa stamp and I-94 will be valid till the Visa stamp expiry date
 
They will let you in without any problem. If you have filed for H1 extension, you need to be careful. I think you should file for H1 extension once you come back.
 
thanks guys for the posts.

Apart from H1-b approval notice and letter from the company, any documents recommended that I should carry.
 
rpranesh said:
Corrected. Since you have 485 pending, you should be ok (i.e.) you can file H1 extension and travel.
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There will be problem with I-94 dates if you apply before you travel. Other then that USCIS is of the opinion when you apply the extension and travel out side US the application deemed to be abandoned.

While entering US show new H1 and get that date I-94.
 
I cannot get the approval for H1B extension before I leave. I think with current processing time, it would not be approved by the time I return.
Hence, I cannot get new H1 visa stamp.

So shall I delay H1B extension filing?
 
tammy2 said:
There will be problem with I-94 dates if you apply before you travel. Other then that USCIS is of the opinion when you apply the extension and travel out side US the application deemed to be abandoned.
-------------wrong info. only COS is abandoned if one travel out of US while COS pending Extension of status is NOT abandoned
Read:
http://uscis.gov/graphics/lawsregs/handbook/Travpub.pdf
While entering US show new H1 and get that date I-94.
Click to expand...
 
coolit1975 said:
I cannot get the approval for H1B extension before I leave. I think with current processing time, it would not be approved by the time I return.
---------- that is OK if you have valid Visa stamp to come back
Hence, I cannot get new H1 visa stamp.

So shall I delay H1B extension filing?
------------better file extension once you are back and file 6-7 days Advance of I-94 expiry date and dont forget to give the copy of new I-94 that you will get at POE when you return.

** nothing wrong in filing H1 Extension now, the problem is if the extension gets approved Before you come back you need that Approval to be sent to you so that you can show valid H1 visa stamp and H1 extension approval at POE so that you get I-94 till H1 extension approval.
** if you get H1 extension approval AFTER your trip then new I-94 will be attached with H1 extension approval and that will be your latest I-94 according to Last Action
Click to expand...
 
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Ginnu...thanks for the right info. It's quite clear now.

You mentioned leaving the country only affects COS application. Does my pending I485 also comes in this category? Or is it only for COS from one non-immigrant status to another non-immigrant status as mentioned by an example from your link? H4 to H1.
 
coolit1975 said:
Ginnu...thanks for the right info. It's quite clear now.

You mentioned leaving the country only affects COS application.
----yes only pending Change of Status ( like F1to H1 or H4 to H1 or H1 to H4)
Does my pending I485 also comes in this category?
------------------NO
Or is it only for COS from one non-immigrant status to another non-immigrant status
-yes, like from F1 to H1 or H1to H or H4 to H1, you are fling EXTENSION OF STATUS not Change of status, you will not have problem
as mentioned by an example from your link? H4 to H1.
Click to expand...
 
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