travel on HIB while I145 pending

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akellakc

New Member
travel on HIB while I485 pending

Is it allowed to travel on HIB/H4 while I485 pending. My HIB visa is valid through NOV 2004 and is stamped on the passport. Or is Advance Parole a must?

Also will I have to show the original receipt of I485 at POE if I travel on H1B or AP?

Kindly reply immediatly.
 
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Is it allowed to travel on HIB/H4 while I485 pending? My HIB visa is valid through NOV 2004 and is stamped on the passport.
------------ You can travel on H1/H4 if you have valid H1/H4 stamp
Or is Advance Parole a must?
----------- If the primary (H1b holder) used EAD then enter with AP
Also will I have to show the original receipt of I485 at POE if I travel on H1B or AP?
If enter on H1b or H4 they are not going to ask for I-485 receipt copy or original. If you enter on AP better keep copy of I-485 filing with you they may ask at POE
 
Related question

Hi,

From all the posts it seems clear you can enter US while AOS is pending, if you have a valid visa stamp in passport. The AP is not required in these case.

But I do have a related question, which is, what if someone changed status and does not have valid stamping for the new status ?

Here is the situation - Wife entered US on H4, changed status to H1. I-485 applied in August, 2003. (I am primary applicant, she is derivative) She needs to travel out of US. AP is not yet approved, and likely will not be by the time she has to leave.

Can she enter on her H4 (valid till Sept 2004)? I know this means her status will be back to H4, but we anyway plan to move her back to H4. Apart from status changing from H1 to H4, are there any potential issues on her entry into US ?

Any inputs on this will be appreciated.

Thanks.
 
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