Travel with H1B while 485 pending

A

artemis

Registered Users (C)
I'm not sure if this is common knowledge, but I thought I should share it:

A friend of mine interviewed at a local office last week and he was told by the BCIS officer that entering the country on an H1 visa (as opposed to Adv. Parole) while the I-485 application is pending can form grounds for rejection of I-485.

-artemis
 
is this a new policy???
because when i travelled to india last year, even though the officer knew i had Advance Parole, he let me in on H1 since the H1B stamp dint expire
 
NO!!!NO!!!!NO!!

This is not correct. Check out the new AP application form which is available in USCIS web site.

If you have a valid H1B/H4 visa then the application form very clearly states that you do not need Advance Parole to enter united states, even if you have I485 pending at any service center. Hope this helps!!!!!!!!!!!!!!!!

:cool:
 
My reaction exactly!

But the officer apparently told my friend that the reason the application was transferred to the local office was because their records showed (incorrectly) that he had entered the US on an H1B while his I485 application was pending. After ascertaining that the trips were actually made on AP (from the POE stamps in the passport), they approved his case.

Maybe the person(s) responsible for the transfer just misinterpreted the laws. Can anyone add to what m2002 has quoted to clarify things?

-artemis
 
M2002 is correct.
While H1 is still valid one does not need AP.

While entering into US, the immigration officer can see every information of the traveller. Some officers when they see that AP was approved and H1 is still valid, they particularly ask for AP and stamp on it. Some ignore AP if H1 is still valid.

Also there may not be a clear instructions within USCIS, such as while a traveller is carrying both valid AP & valid H1, AP should supersede H1.
 
Hi peace_of_mind:

This is an interesting comment and caught me off-guard. I've a valid H1B visa and also an AP and I am planning to use H1B on my return back to the US. Can you post any links to substantiate that AP should supersede H1B OR is this just your thought only?

Thanks in advance.

titu

Originally posted by peace_of_mind
M2002 is correct.
Also there may not be a clear instructions within USCIS, such as while a traveller is carrying both valid AP & valid H1, AP should supersede H1.
Click to expand...
 
titu,
All my comments were from the observations from this fourm and my friends who have travelled in the last one year. Guys have reported either way, so is the reason I did not make an affirmative statment.
Also, my reply was to artemis..., he was saying that the IIO who transfered the case to local office has misinterpreted the law..., if there are not clear instructions, each person can interpret in his/her own way.
 
I had a similar experience

I am currently on an H1b (for about 4 years now) and have had my I-485 submitted since Dec. 2002. In early Feb. this year I returned from a business trip to Costa Rica through Bush Intercontinental in Houston. When I walked up to the USCIS counter I handed the officer my passport, but instead of my current H1b approval notice (that's what Canadians carry, instead of an actual visa), I mistakingly handed him my I-485 receipt notice because I keep all this stuff in the same envelope. He gave it back to me and I handed him the proper form, and he was a little grumpy and then admitted me, but not before offering me some friendly advice. He told me in the future not to show a USCIS Officer my I-485 receipt notice, because he is not supposed to know that I have AOS pending when he admits me on an H1b. I was sure this was wrong, and was tempted to ask him if that was official USCIS policy or his interpretation, but I knew better. I later spoke with the person handling my case at the university where I work, and she told me that staying on an H1b with an AOS pending is perfectly legitimate. We have just submitted by H1b renewal for (hopefully) the last time.

The fact that someone else has been told that you shouldn't be on an H1b with AOS pending has me a little worried. Is there any way we can get this clarified? I'm also wondering why some people here have AP with a valid H1b?
 
The local offices deal with EB I-485s once in a blue moon, and don't know squat about the process. I've never used AP to re-enter the country since my I-485 was filed, I always used my H-1B without any issues at all.

There is a specific memorandum or regulation kicking around the explicitly states that H or L holders do NOT need AP to re-enter the country once an I-485 has been filed. The local office guys wouldn't know about that, or anything else. Most of them don't know about AC21, either.

Some nitwit in the local office pulls something out of their behind and everyone starts running around all frightened. Geez.
 
I came back on my H1-B from London last year and it create more headace for me. I got a call from my lawyers in Feburary and she said that my I-94 will expire on May 2004 (last term of H1-B) band while my Employment authorization card and AP was still valid till August 2004.

I had to apply for a new AP and Employment cardin Feburary. My AP is approved and the card is still pending.

I would recommend to use the AP...


:eek:
 
This is a very intresting discussion and most of us face this situation at some point in time. I would suggest some senior memebrs should summarize what is possible? waht is best?
How and waht should be done, when AP is there and person has H1 vaild?
Especially:
1. IF AP and Valid H1 is there which ha sto be used and how best?
2. In case at the entry inspector creates trouble an dforcibly stamp AP instead of H1 how taht can be taken care of?
3. Is this means best part is if I485 pending dont go out?
Thanks.
Honey
 
Originally posted by bob's485
I came back on my H1-B from London last year and it create more headace for me. I got a call from my lawyers in Feburary and she said that my I-94 will expire on May 2004 (last term of H1-B) band while my Employment authorization card and AP was still valid till August 2004. I had to apply for a new AP and Employment cardin Feburary. My AP is approved and the card is still pending.
Click to expand...

Your lawyers are whacked.

Your I-94 would expire in May, and the day it expired you would automatically switch to using your EAD to work. Ther was no need to apply for a new EAD or AP. You just wasted your money and time on them; if they expired in august you could have waited until April or May to apply.
 
Originally posted by honeyhappy
1. IF AP and Valid H1 is there which ha sto be used and how best?
Click to expand...

Neither "has" to be used. You can use either one.

2. In case at the entry inspector creates trouble an dforcibly stamp AP instead of H1 how taht can be taken care of?
Click to expand...

If you enter using AP, you should be able to retain your H1 to work, so it shouldn't be an issue. Best not to show AP unless you intend to use it.

3. Is this means best part is if I485 pending dont go out?
Click to expand...

I live in America because I have the right to travel internationally. I intend to avail myself of that right. :)
 
More than 2 years ago, there was a restriction on travel while 485 was pending..., it was appropriate to apply for AP. Now it is more than 18 months or nearly 2 years..., travel on H1 is made valid, 485 is pending. I do not understand why one has to apply for AP if ones H1 is valid for more than 6 months and one is having a stampped visa on the passport.

My opinion.
Apply for AP only iff:
1. Your H1 is going to expire and your company is not going to renew your H1.
2. You have a valid H1, but no visa stamping on the passport, you do want to not risk is mailing the passport to department of state.., you do not want to go to US consulate in your home country..., OK you can apply for AP, since AP and Visa stampping cost is same.

If one is applying for AP as a redundant travel document..., he/she is creating confusion for themselves...
 
You must log in or register to reply here.
Top