Urgent - Travel on I-485

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pattagreen

Registered Users (C)
I have a valid H1-B and I-485 status pending. I know I can travel on H1-B and do not need a AP. My question is if my I-485 is approved when I am in India, can I still use my H1-B to enter the country. Do u guys see any issues. If there is an issue, do I need to apply for AP

Thanks
 
pattagreen -

I did ask my lawyer about this a while back since I was traveling out of the country. According to his email, " The local office of the INS told us in a liaison meeting that if the I-485 is approved while you are abroad, just reenter in either advance parole or H-1B status and go to the local office and they will stamp the approval in your passport."


Enjoy your trip.
 
Thank you

BPBJHL042002, Thank you so much for your fast reply. I had this confusion since H1-B is a non-immigrant visa, and upon I-485 approval, one becomes an immigrant. Does this not mean losing your H1-B status? I know I am being over cautious here, but you know how legalities work here.

Also wanted to know if there is any restriction on the length of stay on AP. This is for my wife. She does not have a H4.

I would appreciate your feedback.
 
pattagreen - not too sure about all this legal mumbo jumbo but here's what the lawyer's web site said:

Source: http://www.murthy.com/chat0203.html

Chat User : Thanks for the service, Murthyji. What happens if I-485 gets approved while the person is abroad?

Attorney Murthy : If the person has an advance parole, s/he should use the AP to reenter the U.S. Even without the AP, the person may enter on the H1B status and then go to the local INS district office to get the PP stamped with the temporary evidence of lawful permanent resident status.

I don't think there's a time limit you can stay out of the country with your AP but of course, make sure she gets back in before expiry date.

Also, make sure you carry a copy of your I-485 receipt when you go out of the country. Hope this helps.
 
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