travel on H1B while I-485 pending

A

AGM6

Registered Users (C)
Hi,
I am about to submit my I-485 application for a GC, and currently I am on an H1B visa.
I believe that I can travel abroad with my H1B visa, while my I-485 is pending without requiring advance parole.
Is that right?
Should I still get advanced parole?

Also, my H1B visa in the passport will expire, but I got the approval notice for my h1B visa extension. thus, I plan to travel home, go to the US consulate in my home country and get a new visa stamp in my passport. In the meantime my I-485 is pending. Would there be any problems with getting the new visa stamp or any other problems?
Thanks!
AGM6
 
AGM6 said:
Hi,
I am about to submit my I-485 application for a GC, and currently I am on an H1B visa.
I believe that I can travel abroad with my H1B visa, while my I-485 is pending without requiring advance parole.
----------------you dont need H1 B visa to go out of US you need H1 to enter US, if you have valid Visa stamp when enter US then no need of AP
Is that right?
Should I still get advanced parole?
-----------------If you feel that your H1 Visa stamp may be rejected then as back up keep valid AP with you
Also, my H1B visa in the passport will expire, but I got the approval notice for my h1B visa extension. thus, I plan to travel home, go to the US consulate in my home country and get a new visa stamp in my passport.
-----if US consulate stamp the H1 visa then enter with H1 visa stamp
In the meantime my I-485 is pending. Would there be any problems with getting the new visa stamp or any other problems?
------------Visa stamp is done by US consulate if you get stamp and enter on H1 no problem with pending I-485

Thanks!
AGM6
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many keep valid EAD and AP as back up and many who are sure of getting H1 stamp dont apply for EAD or AP.
 
Thanks!
However, I am just about to fill out the DS-156 Electronic Visa application form in order to get the H1B visa extension at the US consulate in my home country.
In the application they ask to provide evidence that I will leave the US after my temporary stay, which I cannot since I have now applied for a Green Card with my I-485 petition.
Thus, I am worried that I may have problems to reenter the US, once I leave the country with an expired H1B visa and an I-485 pending.
Would you advice me to stay in the country until the GC has been approved, or do you think there should be no problem with the H1B visa extension once I present the I-797 approval notices for H1B visa extension at the US consulate in my home country? Or would you rather get AP?

Thanks!
AGM6
 
one can get H1 visa stamp after filing I-485 one can also get H1 extensions after filing I-485. H1 has dual Intent. do you think nobody has gone out of US after filing I-485? many went out and got H1 visa and came on H1, many who have fear of H1 rejection went out with valid AP in hand so that if any problem in H1 stamping they can enter US on AP. if your H1 employer paid you, and you have not submitted any fake education certificates, exp letters when first time got H1 visa then I dont see a problem getting H1 visa stamp. FYI in South India many submitted fake documents in past to get H1 and mostly they face the problems from US consulate Chennai.
 
One more question:
I believe I have to present the I-485 receipt notice when reentering the US. Do you know how long it usually it takes to get that receipt notice?
Is there a way to get the receipt notice quicker?
If you have adavanced parole do you still have to present the I-485 receipt notice?

Thanks!
AGM6
 
AGM6 said:
One more question:
I believe I have to present the I-485 receipt notice when reentering the US.
-not needed if you want to enter on H1B or H4 with valid H1 or H4 visa stamp
Do you know how long it usually it takes to get that receipt notice?
----------------- at this time it may take 45-50 days
Is there a way to get the receipt notice quicker?
If you have adavanced parole do you still have to present the I-485 receipt notice?
-------------- your get AP becasue of pending I-485, POE officer knows that AP is based on pending I-485. 99% cases they dont ask I-485 filing reciept, if they ask you can inform that at this time USCIS does not send I-485 filing reciept in 15-20 days ( if you have concern and lawyer filed I-485 then request lawyer to send you copy of I-485, he can scan and send it to you)
Thanks!
AGM6
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