Travel in H-1B while 140 and 485 are pending

K

kumarkrish

Registered Users (C)
Hello

Would there be any issues in travelling or reapplying for a H-1B Visa while my 140 and 485 is pending with the INS.

I have to travel and would like to know if it would in anyway affect my GC Process. Thanks for the help.
 
You cannot apply for H-1B visa at a US consulate in a foreign country(e.g. India/Canada) while ur 140/485 is pending. Doing so would invalidate ur GC application and u have to start all over again.

If u already have H-1B visa valid for ur travel dates, them its OK to go and come back while GC is pending..
 
Originally posted by amep
You cannot apply for H-1B visa at a US consulate in a foreign country(e.g. India/Canada) while ur 140/485 is pending. Doing so would invalidate ur GC application and u have to start all over again.

If u already have H-1B visa valid for ur travel dates, them its OK to go and come back while GC is pending..
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WRONG! Nothing prevents you from applying for a H1 visa abroad while your 485 is pending.
 
i believe a distinction needs to be made here between applying for a H1-B and getting an H1-b visa stamp when you are already in status.

yes, i do agree that you need to be in advanced parole after you apply for I-485 if you leave the US unless you are on a valid H1-B status already and dont expect the approval within that time. now, i am not sure if that translates to H1-B status or H1.B visa stamp.
 
Thanks Guys

I am thinking of re-validating my H-1B Visa Stamp here in the US. I was wondering if that (applying for revalidation) would cause any damage to my 140 or 485 appln.
 
Hey I have send my h1b for revalidation at st louis and have my 140 and 485 pending ... no issues ... go ahead and do it ...
 
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