Travel question

[GC-MAY282004]

Hi all,
My I-485 is not yet approved.I got finished the Biometrics(code 2) on July 1st 2005
Here are my details:
EB2
PD-August 2002
I-140 & I-485(concurrent filing)--April 28th 2004
I-140-approved on April 18th 2005
I may have to travel to Brazil on business trip for a week in 3rd week August 2005.I have valid H1B visa till Mar 2006.
Now my question is, can I use my H1B visa when I am coming back to US (if my I-485 is not approved by that time) or I have to use AP.
If I-485 is approved by that time, what should I do?
I really appreciate your comments.

Thanks

 

[freedom4ever]

Hi GC-MAY282004,

You should be fine. Just keep AP while leaving US. [The AP should be valid when returning to US]. You can come back on H1. If they ask you to show AP then you have to show at POE. Otherwise just walk in. In case, if your I-485 gets approved, while you are away, then when you enter they will allow you on H1 and then you have to go through Secondary Inspection. It will be smooth sailing.

 

[usrfdluj]

You should be fine.

Hi all,
My I-485 is not yet approved.I got finished the Biometrics(code 2) on July 1st 2005
Here are my details:
EB2
PD-August 2002
I-140 & I-485(concurrent filing)--April 28th 2004
I-140-approved on April 18th 2005
I may have to travel to Brazil on business trip for a week in 3rd week August 2005.I have valid H1B visa till Mar 2006.
Now my question is, can I use my H1B visa when I am coming back to US (if my I-485 is not approved by that time) or I have to use AP.
If I-485 is approved by that time, what should I do?
I really appreciate your comments.

Thanks

See the 3 cases:
1 If your I-485 not approved by the time you come back: you can use either valid H1b visa (stamp), OR valid AP. No need to present both on POE.

2 If your I-485 not approved by the time you leave, but approved while you are overseas: You can still come back on valid AP (not know about valid H1B though).

3 If your I-485 approved BEFORE you leave US: YOU MUST GET YOUR PASSPORT STAMPED before you travel to overseas. Your AP, H1 will be voided once your I-485 is approved while you are in the US. This is not the same as case 2 above.

However, the question is, What if I-485 is approved without your awareness, AND you left after the I-485 approval date, but before you receive the Approval Notice. Technically you are in case 3 which require a passport stamp, but you don't know that your case was approved. So how USCIS treat this situation????