Using Expired H-1B, Valid I-797 and I485 Receipt to Reenter

D

dks00

Registered Users (C)
Hi Guys,

My H-1B visa expired in Dec 2001 though I have a H-1B/I-797 approval notice valid till May 2004 and I-485 receipt.
Was wondering if I can reenter US without getting a new H-1B visa stamped ?
If I apply for H-1B revalidation in India, what are the chances that it will denied based on the fact that I have filed for GC...you have to disclose if you have applied for immigration on visa appl. form.
Anyone with such experience please share.
I have a valid AP but would like to use it as a last resort......if US consulate in India rejects my H-1B visa for any reason, I should be able to reenter using AP. Anyone sees any problem with that ?

Thanks in advance for ur time and advice.
 
My lawyer isn't responding and I was hoping to hear from someone in this forum......
Come on guys........someone out there has an answer to
this.........please help!
 
I was in the exact same situation

You are worrying too much about nothing...unless you have worked without autorization or some such serious stuff there is no chance that your H1 stamp will be rejected in India..applying for 485 is not a reason since H1 is dual intent. I marked in the form that I had applied for 485 and I got my h1 stamped in the drop box itself.

Also you cannot enter from India on an expired visa !! use your AP if needed...i-797 notice and 485 receipt are useless for entry by themselves if the visa is expired...you should know that.

If you use AP to enter you wil be sent to secondary inspection and they will check that your 485 is pending and let you in...so no problems there as well.

Just carry all the relevant docs for H1 stamping or get it done in St.Louis...it has been less than a year since your H1 stamped expired anyway.

tt tt
 
Whatever anyone says about it, the fact is that you will need one of the following to enter US :

1. UNEXPIRED H1 visa stamp + approval notice (also a copy of petition; just in case). Also keep a copy of I-485.

or

2. Advance Parole


Getting H1 visa is very easy. It does not matter if your 485 is in process. General rule: don't lie about anything on visa application.

You can also get H1 visa stamp here in US. But that process takes long time and your passport is stuck with them during all those months. It is better to apply for AP instead.

Your 485 ND is Sept. Hopefully you will get your approval before you decide to take any action. You will be free as bird then.
 
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