Travel to India on valid H1B when AP is pending

G

gc229

Registered Users (C)
I have a valid H1B until August 2005.
I have travel plans to India in Oct 2004 and already bought tickets.
I just applied for AP today and my lawyer mentioned that I can travel and come back using H1B visa. What happens if my 485 gets approved while I am in India? Can I re-enter using H1B visa?

Thanks!!
 
gc229 said:
I have a valid H1B until August 2005.
I have travel plans to India in Oct 2004 and already bought tickets.
I just applied for AP today and my lawyer mentioned that I can travel and come back using H1B visa.
---lawyer is correct you can use valid H1 stamp to come back
What happens if my 485 gets approved while I am in India? Can I re-enter using H1B visa?
----- if that happens at POE they will admit you ( they may take you to secondary inspection and will find that your I-485 has been approved and will admit) you must also clear this with your lawyer before you go out becase so many thins are changing everyday.
Thanks!!
Click to expand...
 
gc229 said:
I have a valid H1B until August 2005.
I have travel plans to India in Oct 2004 and already bought tickets.
I just applied for AP today and my lawyer mentioned that I can travel and come back using H1B visa. What happens if my 485 gets approved while I am in India? Can I re-enter using H1B visa?

Thanks!!
Click to expand...
Actually its better to have AP if you are expecting approval before your return.

There might be issues with that -- you won't have to necessarily get deferred inspection.

OTOH, if you have a valid AP when you return and 485 is approved, you WILL get deferred inspection -- no problems there.

If its just a vacation trip, postpone till you get the AP in your hands ...
 
Hello to all of U.

If any of you have any Tax Question. You can post here. Our accounting firm has vast experience in dealing with Immigration related Tax Questions/Problems.

Even if you want to talk to us you can call me on my cell

We file All types of taxes for all 50 States

You can also ask question about New Corporation , Individual tax , Payroll , Pay stubs , Sales Tax , Partnership Tax, Corporation Tax

This is absolutely free service.


Tanveer Ahmad
Cell:718-974-2813
 
note on the AP form

I saw the following note on the form I-131 AP application. Any comments?

NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in numbers 1 and 2 are met:

1. You are in one of the following nonimmigrant categories:
a. An H-1, temporary worker, or H-4, spouse or child of an H-1; or
b. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or
c. A K-3, spouse, or K-4, child, of a U.S. citizen; or
d. A V-2, spouse, or V-3, child, of a lawful permanent resident; and

2. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with the CIS.

However, upon returning to the United States, you must present your valid H, L, K or V nonimmigrant visa and continue to remain eligible for that status.
 
Are you saying that If we have Valid H1 Visa even not stamped on passport and Receipt for 485 then we can re-enter?
 
kalse_2000 said:
Are you saying that If we have Valid H1 Visa even not stamped on passport and Receipt for 485 then we can re-enter?
Click to expand...
--- that simply means that if you have H1 Visa stamp and it is valid you can enter US with valid H1 stamp if you dont have valid H1 or h4 Visa stamp and I-485 is pending you need to enter with valid AP and that AP should be filed in US and approved before you depart US.
 
You must log in or register to reply here.
Top