Travel on H1

nephdoc2003

Registered Users (C)
I am currently pursuing a J1 waiver. I still have 2 years left. My wife has applied for NIW and her paperwork is pending. Her lawyer has also filed for my I-131, I-485 and I-765, all of which are pending. I wanted to travel to India. Has anyone been in this situation, with AOS application pending, can you travel based on your H1? Thanks.
 
nephdoc2003 said:
I am currently pursuing a J1 waiver. I still have 2 years left. My wife has applied for NIW and her paperwork is pending. Her lawyer has also filed for my I-131, I-485 and I-765, all of which are pending. I wanted to travel to India. Has anyone been in this situation, with AOS application pending, can you travel based on your H1? Thanks.
not a problem. When you go out, take:

- original employer letter stating continued employment (dated <1 month)
- original I-797 (H1 petition approval notice)
- when you come back, at the POE (port of entry): enter on H1. do NOT use your EAD to reenter. show your approved H1 if asked.

Most of the times, the officer asks you some basic questions regarding your employment. no biggie. Me and my friends have never been asked for I-797 or employer letter at POE, but this is the sample employer letter, that I have carried:-
*******************
The USCIS Officer
US Dept of Justice

Re: Dr. xxxxxxxxx xxxxxxx.

This is to certify that Dr. xxxxxx has been employed as a Primary Care Physician, at our Health Care facilities, since mm/dd/yyyy in conformance with the conditions set forth in the H-1B Visa petition.

The Health Care facilities, located at-

· xxxxxxxx xxxxxxx (xxx County),
· xxxxxx xxxxxx (xxxxxx County),
. xxxxxx xxxxxx (xxx county)

are designated by the Secretary of Health and Human Services as a Primary Medical Care or Mental Health Professional Shortage Area (HPSA) or Medically Underserved Area (MUA).

Please do not hesitate to call me at xxx xxx xxxx if your have any questions.

.…………… ………………………….
Signature Title

……………………………..
Date
.
 
Hi J1victim
we donot use EAD to reenter may be u meant Advance Parole.Ya if one has a valid H stamped in the passport and 140/485 pending, one can leave and enter as many numbers as one wants to I did it 3 times.
Hope this helps
 
Thanks a lot for your replies, J1 victim and kidsdoc. Do you know if it would be risky to go for an H1 stamp if all these applications are pending?
 
Remember, you have to remain on H-1 status for 3 years of your waiver. So do not use AP to re-enter the US until you finish the 3 years.
 
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