Travelling Outside US and 485 gets Approved

[LSaspirant]

Hi Gurus,

Would like to understand what my options are on the following:

I have pending 140 and 485 applications.
Finger Printing is scheduled and will be done shortly.
I have H1 visa stamping valid till March 30, 2006.
I never applied for EAD or AP.
I frequently travel outside US atleast once a month.


Question: What will happen if my 485 is approved while I am outside US?
Will I be allowed to enter US on the H1 visa stamping.

Question: Do I need Advance Parole? If Yes, why ?

Please share your experiences.
Thanks in advance.

 

[pralay]

Question: What will happen if my 485 is approved while I am outside US?
Will I be allowed to enter US on the H1 visa stamping.

You will be fine. If POE office knows (which does not happen most of the times) about your approval you will be admitted under differred inspection.

Question: Do I need Advance Parole? If Yes, why ?

H1 is dual intent visa. You don't need AP if you have valid H1 stamp on your passport. But it's always good idea to have AP as backup. For example, if you loose your H1 job, you won't be able to travel unless you find another H1 job and transfer your H1. On the other hand, if you have AP you will be able to travel irrespective of your job status.

 

[LSaspirant]

You will be fine. If POE office knows (which does not happen most of the times) about your approval you will be admitted under differred inspection.




H1 is dual intent visa. You don't need AP if you have valid H1 stamp on your passport. But it's always good idea to have AP as backup. For example, if you loose your H1 job, you won't be able to travel unless you find another H1 job and transfer your H1. On the other hand, if you have AP you will be able to travel irrespective of your job status.

Thanks for the reply.
What is "differed inspection".
Also do you know anyone who has been thru this?

 

[curiousGeorge]

What is "differed inspection".

When you enter the US at the POE, the officer will send you to go see another officer in a special area who will verify that your information is correct. This could take about 15-30 minutes.

If you had been entering using an AP all these times while your I-485 was pending, you would have been sent to deferred inspection every time to ensure that your AP is valid.

 

[TheRealCanadian]

If you had been entering using an AP all these times while your I-485 was pending, you would have been sent to deferred inspection every time to ensure that your AP is valid.

No, that's "secondary inspection". You are still inspected and admitted at the POE.

Deferred inspection is when you are paroled into the US, and then need to be inspected and formally admitted at a USCIS District Office.

 

[LSaspirant]

No, that's "secondary inspection". You are still inspected and admitted at the POE.

Deferred inspection is when you are paroled into the US, and then need to be inspected and formally admitted at a USCIS District Office.

Thanks for the replies.
As per my detail, I have NEVER applied or used Advance Parole.

So does it mean it is NO PROBLEM to re-enter US if you are outside US and your 485 gets approved and you dont have AP and have valid H1 visa stamped.