Travelling on H1 while 485 filied

R

ram_pk

Registered Users (C)
Hi Guys,

My situtation is like this.

I am on H1 status with valid visa till Jan 2006.10 days back my 140/485/EAD/AP filied at NSC(No receipt date or notice date yet). I am travelling to india next month and lawyer just informed that if you go on H1 to India while 485 filied you should have Advance payroll documents at port of entry(Lawyer says they may ask some times at port of entry).

My understanding if some one goes on EAD they need Advance payroll documents while travelling.For H1 status we don't need Advance payroll document even if 485/EAD/AP filied.

My question is any one experience with this situation going H1 while 485/EAD/AP filied and don't have advance payroll document at port of entry time and does it will have any problem.Please advice.
 
ram_pk said:
Hi Guys,

My situtation is like this.

I am on H1 status with valid visa till Jan 2006.10 days back my 140/485/EAD/AP filied at NSC(No receipt date or notice date yet). I am travelling to india next month and lawyer just informed that if you go on H1 to India while 485 filied you should have Advance payroll documents at port of entry(Lawyer says they may ask some times at port of entry).

My understanding if some one goes on EAD they need Advance payroll documents while travelling.For H1 status we don't need Advance payroll document even if 485/EAD/AP filied.

My question is any one experience with this situation going H1 while 485/EAD/AP filied and don't have advance payroll document at port of entry time and does it will have any problem.Please advice.
Click to expand...

If ur 485 is pending and you dont have AP, u can still enter on ur valid H1.
Keep ORIGINAL 485 RECEIPT also with you.

there r many threads on this issue..click following link for accessing them

http://boards.immigration.com/forumdisplay.php?f=31
 
Hi Fast gc seeker,

Thanks for info and links.

I spoke with my lawyer again.What he says is we are very much caution on this to have travel documents while going abroad once filied.I am confused now.

Another thing he says is I can go and get advance payroll from local office as well.If I get advance payroll from local office , does it effect anything in processing my 485.
 
I will give u my first hand experience. My 485 was filed last year and is still pending. I recently went out of US and re-entered on my H1. At the POE, the oficer didnt even ask if I had filed for GC. Althought I was carrying my 485 receipt just in case with me.

If I understand the law correctly, you would need your approved AP if your 485 were to get approved while u were outside the US. seeing that you applied so recently, barring an exceptional freak incident, dont think ur 485 will get approved. so u shud be able to re-enter on ur H-1.
 
Hi praytx,

You filed 485 last year.You did not applied AP or AP did not approved while you were travelling abroad.
 
ram_pk said:
Hi Fast gc seeker,

Thanks for info and links.

I spoke with my lawyer again.What he says is we are very much caution on this to have travel documents while going abroad once filied.I am confused now.

Another thing he says is I can go and get advance payroll from local office as well.If I get advance payroll from local office , does it effect anything in processing my 485.
Click to expand...


I dont know if u can get AP from local office but u can check.
If u can get it from local office it should have NO effect on ur 485 processing
as these are totally seperate processes.
 
I have a slightly different scenario. I have just filed for I140/485/EAD/AP a few days back in CSC. My H1 status is valid but I DON'T have a valid stamp.

What happens to my H1 status if I try to enter on AP? does that mean I have to give up the H1 and use EAD after entering the US on AP? I would like not to give up my H1 atleast until the I-140 is approved.

Or is it better to try and get a new stamp from the counsulate on H1? ofcourse any time you go to the consulate there is a chance you may get denied (its the 'privelage' not 'right' issue)

Thanks for any feedback.
 
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