travel with H-1B after filed I-485

[BB72]

Hi folks,

I have an emergency and have to travel outside of US in the next couple weeks. I have couple questions.

1. Right now I am still on H-1B status. After I filed my I-485, am I still be able to apply a H-1B visa at an US embassy and come back with the H-1B visa.

2. I heard that at california center if people go to the center and turn in application for advance parole by themself, they can get the AP approved in 1-2 days. Well, it sounds too good to be true, does anyone heard of this? What about the VSC.

Any info is helpful, thank you so much!

BB

 

[jaxen2]

1. Yes
2. It depends on the local INS service center. If you have I485 receipt and a genuine emergency most of the INS local service centers will issue an emergency advance parole.

 

[rkr123]

AP Expired / H1B Expired EAD Valid

Hello There,

My AP is expiring on Jan 6th, 2004. My H1b had expired in april 2003. My EAD is still valid till May 04

Applied for extension of AP on 27 Oct 03 at CSC but no action taken yet.

I have to make an urgent business travel for a month.

Can I file for an extension of H1B on Premium Processing before leaving and then when it is approved, then the approval be sent to me by Fedex and then I shall go to India and get the same stamped and use it to come back to the US.

Any complexities ?

Please advise at the earliest.

Thanks

 

[ginnu]

Can I file for an extension of H1B on Premium Processing before leaving and then when it is approved, then the approval be sent to me by FedEx and then I shall go to India and get the same stamped and use it to come back to the US.
---- You can do it but it will NOT be extension it will be Fresh H1, you can’t apply H1 extension, as you don’t have valid H1.


what if your NEW H1 is not approved and H1 cap recached?
you may have to wait in India till you get H1 approval notice, try premium processing and if possible leave only after you get the approval in hand.
** You should have applied AP 4-5 months advance as back up, now you don’t have time for AP, as you want to leave for India. It is always better to apply AP, EAD 5-6 months advance