Urgent Help! Re-enter the US with H-1 and 485 Receipt, no Advance Parole
- Thread starter Hunna
- Start date
Please more help!
What I have is the H1 approval, I-94 which expiration date is the end of this year, and 485 receipt. The H-1 visa you guys were talking about is that I-94? Actually I got the visa in my home country, and it already expired (was valid for 3 months, just for 1 entry).
so please guys more help.
What I have is the H1 approval, I-94 which expiration date is the end of this year, and 485 receipt. The H-1 visa you guys were talking about is that I-94? Actually I got the visa in my home country, and it already expired (was valid for 3 months, just for 1 entry).
so please guys more help.
No Title
Hunna,
This is just my opinion, please don\'t construe this as legal advice.
I travelled back on a valid H1-B Visa after applying for I-485. I had advance parole as a backup option.
As far as I know, merely having a H1-B approval notice (I-797) is not sufficient to re-enter US. You need a valid H1-B visa. If you are still on a valid H1-B and working for the same employer that sponsored your H1-B application, you may re-enter US with a valid H1-B visa. Make sure you have a valid visa stamped on your passport before you board the plabe back to the US. If you don\'t have a valid visa, you have to get one from the Dept of State, MO or from the US consulate where you are coming from. Also, please make sure your company HR knows about your travel plans on the way back. In my case, the INS officer at the POE called my company HR manager to ensure my employment, position, date of hire and salary before letting me in on the H1-B visa. Make sure you carry salary statements for the last three months and a letter from your employer confirming your employment.
You also have the option of getting an AP and travel back using the AP. As far as I can tell, travelling back on an AP will not invalidate your H1-B status.
Again, this is not legal advice.
Hope this helps.
Hunna,
This is just my opinion, please don\'t construe this as legal advice.
I travelled back on a valid H1-B Visa after applying for I-485. I had advance parole as a backup option.
As far as I know, merely having a H1-B approval notice (I-797) is not sufficient to re-enter US. You need a valid H1-B visa. If you are still on a valid H1-B and working for the same employer that sponsored your H1-B application, you may re-enter US with a valid H1-B visa. Make sure you have a valid visa stamped on your passport before you board the plabe back to the US. If you don\'t have a valid visa, you have to get one from the Dept of State, MO or from the US consulate where you are coming from. Also, please make sure your company HR knows about your travel plans on the way back. In my case, the INS officer at the POE called my company HR manager to ensure my employment, position, date of hire and salary before letting me in on the H1-B visa. Make sure you carry salary statements for the last three months and a letter from your employer confirming your employment.
You also have the option of getting an AP and travel back using the AP. As far as I can tell, travelling back on an AP will not invalidate your H1-B status.
Again, this is not legal advice.
Hope this helps.
H1 visa?
I came to the US with an H-1 visa valid for 3 months, 1 entry. The H1 visa you were talking about is this thing? Now it already expired, so I will have to go to the consulate to get a new one---Do I have to do this?
My initial question is if I can come back with H1 approval and 485 receipt. So guys please make it clearer!
I came to the US with an H-1 visa valid for 3 months, 1 entry. The H1 visa you were talking about is this thing? Now it already expired, so I will have to go to the consulate to get a new one---Do I have to do this?
My initial question is if I can come back with H1 approval and 485 receipt. So guys please make it clearer!
My knowledge
is that H1 status is not the same as visa stamped on pp. Applying for 485 or AP does not invalidate H1 because it is dual intent visa. If one had J1 or F1 then that would have been invalidated if you applied for Adjustment. hence the best thing is to apply for the visa at a consulate. I have H1 status but not visa since I changed status when I was on OPT. Hence I would need to have AP to reenter. But one doesnt need AP if there is valid H1 visa because theoretically visa is a document for entry while I-94 is document for status.
Please consult your lawyer. This is not legal advice and should not be considered as one. Its just what i learnt from different sites.
is that H1 status is not the same as visa stamped on pp. Applying for 485 or AP does not invalidate H1 because it is dual intent visa. If one had J1 or F1 then that would have been invalidated if you applied for Adjustment. hence the best thing is to apply for the visa at a consulate. I have H1 status but not visa since I changed status when I was on OPT. Hence I would need to have AP to reenter. But one doesnt need AP if there is valid H1 visa because theoretically visa is a document for entry while I-94 is document for status.
Please consult your lawyer. This is not legal advice and should not be considered as one. Its just what i learnt from different sites.
gcFunWaiting
Registered Users (C)
No Title
If you have H1 approval which is valid and not cancelled by your company, then you should also have a stamp in the passport. If there is no stamp and your H1 is still valid, then you may/may not be asked questions at the port of entry. To avoid this risk, whereever you are, it\'s a good idea to have your H1 Visa stamped in your passport. If you are out of country, when you come to US, if there is no issue of your H1 visa (ie. if everything is okay), you will be given a new I-94 at the port of entry in US, depending on your H1 Visa validity.Don\'t get misunderstand with the I-94 on your H1 Visa front page. Along with that when entering US, you will be given one more, with an entry stamp and validity to remain in US, which will be attached to your passport.
Hope you got a good idea. Safeside you can show them your I-485 reciept if you think, some issue may arise at the port of entry.
No need to have Adv parole, if you are not using EAD to work in USA.(instead of H1). Good luck.
If you have H1 approval which is valid and not cancelled by your company, then you should also have a stamp in the passport. If there is no stamp and your H1 is still valid, then you may/may not be asked questions at the port of entry. To avoid this risk, whereever you are, it\'s a good idea to have your H1 Visa stamped in your passport. If you are out of country, when you come to US, if there is no issue of your H1 visa (ie. if everything is okay), you will be given a new I-94 at the port of entry in US, depending on your H1 Visa validity.Don\'t get misunderstand with the I-94 on your H1 Visa front page. Along with that when entering US, you will be given one more, with an entry stamp and validity to remain in US, which will be attached to your passport.
Hope you got a good idea. Safeside you can show them your I-485 reciept if you think, some issue may arise at the port of entry.
No need to have Adv parole, if you are not using EAD to work in USA.(instead of H1). Good luck.
Re: H1 visa?
H-1 visa valid for 3 months, 1 entry!! Hunna are you sure? because my impression is H-1 is valid for 3 years and is for multiple entries, provided it is stamped on your passport, and to enter this country passport stamping ( I think) is compulsary, the approval by itself ( I think) is not valid for entry.
Guys please correct me if I am wrong.
H-1 visa valid for 3 months, 1 entry!! Hunna are you sure? because my impression is H-1 is valid for 3 years and is for multiple entries, provided it is stamped on your passport, and to enter this country passport stamping ( I think) is compulsary, the approval by itself ( I think) is not valid for entry.
Guys please correct me if I am wrong.
See if this helps
Please note the follwoing law is equally true for both H-1 and L-1 cases.
TRAVEL DURING I-485 PENDENCY
During the pendency of I-185 if you travel abroad, you must have one of the following to reenter:
1. Advance Parole
Note that if you reenter on Advance parole, you no longer possess H status. You are still in status because of pending 485, but no longer have H status. So you will need an EAD to continue working after reentry.
OR
2. H-1/L-1 or H-4/L-2 multiple entry visa PLUS original I-485 filing receipt.
If you do not have a visa, you can get one from your home country. Pending 485 is no bar to issuance of a visa.
TRAVEL DURING CONSULAR PROCESSING
If you are processing your papers through consular processing (CP), you cannot obtain an advance parole. Travelling during CP is not a problem but you will need an H-1/L-1 visa to reenter the United States.
If you do not have a visa, you can get one from your home country. Pending CP is no bar to issuance of a visa.
FAQ
Q. What if our green card gets approved while we are traveling?
A. There is no good answer to that question. Normally, such approval will not be a problem. INS can delay you a few hours upon reentry, but that is because they would have to verify your approval. If you have an Advance Parole, chances of any delays are even smaller.
Please note the follwoing law is equally true for both H-1 and L-1 cases.
TRAVEL DURING I-485 PENDENCY
During the pendency of I-185 if you travel abroad, you must have one of the following to reenter:
1. Advance Parole
Note that if you reenter on Advance parole, you no longer possess H status. You are still in status because of pending 485, but no longer have H status. So you will need an EAD to continue working after reentry.
OR
2. H-1/L-1 or H-4/L-2 multiple entry visa PLUS original I-485 filing receipt.
If you do not have a visa, you can get one from your home country. Pending 485 is no bar to issuance of a visa.
TRAVEL DURING CONSULAR PROCESSING
If you are processing your papers through consular processing (CP), you cannot obtain an advance parole. Travelling during CP is not a problem but you will need an H-1/L-1 visa to reenter the United States.
If you do not have a visa, you can get one from your home country. Pending CP is no bar to issuance of a visa.
FAQ
Q. What if our green card gets approved while we are traveling?
A. There is no good answer to that question. Normally, such approval will not be a problem. INS can delay you a few hours upon reentry, but that is because they would have to verify your approval. If you have an Advance Parole, chances of any delays are even smaller.
See if this helps
Please note the follwoing law is equally true for both H-1 and L-1 cases. TRAVEL DURING I-485 PENDENCY During the pendency of I-185 if you travel abroad, you must have one of the following to reenter: 1. Advance Parole Note that if you reenter on Advance parole, you no longer possess H status. You are still in status because of pending 485, but no longer have H status. So you will need an EAD to continue working after reentry. OR 2. H-1/L-1 or H-4/L-2 multiple entry visa PLUS original I-485 filing receipt. If you do not have a visa, you can get one from your home country. Pending 485 is no bar to issuance of a visa. TRAVEL DURING CONSULAR PROCESSING If you are processing your papers through consular processing (CP), you cannot obtain an advance parole. Travelling during CP is not a problem but you will need an H-1/L-1 visa to reenter the United States. If you do not have a visa, you can get one from your home country. Pending CP is no bar to issuance of a visa. FAQ Q. What if our green card gets approved while we are traveling? A. There is no good answer to that question. Normally, such approval will not be a problem. INS can delay you a few hours upon reentry, but that is because they would have to verify your approval. If you have an Advance Parole, chances of any delays are even smaller.
Please note the follwoing law is equally true for both H-1 and L-1 cases. TRAVEL DURING I-485 PENDENCY During the pendency of I-185 if you travel abroad, you must have one of the following to reenter: 1. Advance Parole Note that if you reenter on Advance parole, you no longer possess H status. You are still in status because of pending 485, but no longer have H status. So you will need an EAD to continue working after reentry. OR 2. H-1/L-1 or H-4/L-2 multiple entry visa PLUS original I-485 filing receipt. If you do not have a visa, you can get one from your home country. Pending 485 is no bar to issuance of a visa. TRAVEL DURING CONSULAR PROCESSING If you are processing your papers through consular processing (CP), you cannot obtain an advance parole. Travelling during CP is not a problem but you will need an H-1/L-1 visa to reenter the United States. If you do not have a visa, you can get one from your home country. Pending CP is no bar to issuance of a visa. FAQ Q. What if our green card gets approved while we are traveling? A. There is no good answer to that question. Normally, such approval will not be a problem. INS can delay you a few hours upon reentry, but that is because they would have to verify your approval. If you have an Advance Parole, chances of any delays are even smaller.
Re: H1 visa?
H-1 visa valid for 3 months, 1 entry!! Hunna are you sure? because my impression is H-1 is valid for 3 years and is for multiple entries, provided it is stamped on your passport, and to enter this country passport stamping ( I think) is compulsary, the approval by itself ( I think) is not valid for entry. Guys please correct me if I am wrong.