What happens when Travelling on H1 and AOS gets Approved.

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usmanb

Registered Users (C)
I am travelling on H1b, AOS applied on May 18. Since i have valid H1b stamp on the passport i dont really need AP, but what will happen if my AOS gets approved while i am out of US with out AP ? can I enter US on H1 ?
thanks
 
I think your H1B gets cancelled when your 485 is approved. So there is a risk if you travel outside US without an AP, if you think there is a chance that your AOS will get approved during that time frame.
 
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Thanks for the replies, but i am getting different answers, any one with definite answer, or with similar experience.. please reply

Thanks again
 
Thanks....This is clear that one can not travel on H1 after AOS approval. Now after AOS is approved, Is this legal to get the GC out side US by mail or some one else brings it along.
for example if one leaves on H1b, can he come back on GC ?
 
If you have a valid H1-B stamp on your passport, you'll be fine, even if your 485 is approved while you're out of the US.

I was in a similar boat a few months ago, when I was contemplating a trip to India. Hence I talked to a lawyer, and this is close to what he said:
"Yes, you can travel outside the US on the valid H1B stamp. If your 485 gets approved while you're out of the country, then two possible things can happen at the Port of Entry: (1) The Immigration officer will admit you on the stamped H1B, or (2) The Immigration officer will send you for "Secondary Inspection" where you'll get the PR approval stamp on your passport, and then you'll be allowed to enter."

The second scenario is more likely, and apparently this lawyer had a couple of clients who had to go through this.

Bottomline: In either case, it's fine to travel.



usmanb said:
I am travelling on H1b, AOS applied on May 18. Since i have valid H1b stamp on the passport i dont really need AP, but what will happen if my AOS gets approved while i am out of US with out AP ? can I enter US on H1 ?
thanks
Click to expand...
 
Thanks alot forrest gump.....sounds logical
but it made me more confused, because one post says its ok to travel other says its not is this situation.. is there any official web site or memo which clearly explains this ?

Thanks
 
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I was in that situation in May. I was in India when I saw approval email. One of my friend was checking my mail in my absence. He sent me all important documents by UPS to me. At the port of entry, I went in Non-US Citizens lane and I showed my passport and gave my GC. He just let me in and asked me to come in US Citizens lane next time.
 
There is no rule saying you are not supposed to do international travel while your AOS is pending. Thats the bottom line.
 
Thanks for your reply.
Now which way to go... to get documents mailed or come on H1 and hope that you will be sent for "secondary inspection" for PR approval stamp at POE.
 
Guys...Being we are in this thread...I just need an advice..

The 485 application filed was "My wife " as primary and I as secondary.
I might be travling to india this month. I had Valid H1b, while comming back can if i use AP. IS the H1b1 Is going to be valid or Can I renew the H1b nexy time without any issues.

The reason i want to renew my H1 is to overcome any worst situations and also have a Labor in Backlog center which had 2001 PD. Just want to continue to pursue those options in worst cases.

Any advice
 
validity

Here's my understanding: Your H1B visa will be valid till the date printed on the approval notice. If you entered on AP (not sure from your post, sorry), you are not on H1, but need to use your EAD to work. So even if you are on AP, your H1B remains valid (but unused) and you can renew it providing you meet the conditions

Edit: there are differing viewpoints on this - see my post a few posts below to see what I mean.

dbwr said:
Guys...Being we are in this thread...I just need an advice..

The 485 application filed was "My wife " as primary and I as secondary.
I might be travling to india this month. I had Valid H1b, while comming back can if i use AP. IS the H1b1 Is going to be valid or Can I renew the H1b nexy time without any issues.

The reason i want to renew my H1 is to overcome any worst situations and also have a Labor in Backlog center which had 2001 PD. Just want to continue to pursue those options in worst cases.

Any advice
Click to expand...
 
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Please do not diviate from the original thread topic..
that is ..
what happens when one is outside US on H1 and AOS get approved.. any one with similar experience or know the answer please reply.

thanks
 
istrategist said:
Here's a link I found to the Cronin Memo (from 2000)
http://www.shusterman.com/cronin51600.html

There's also differing viewpoints on if you have to use EAD or can continue using H1 if you enter with AP. An example:
http://boards.immigration.com/showthread.php?t=254781
Click to expand...

You have official document (Cronin memo) just read it.
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4. If an H-1 or L-1 nonimmigrant has traveled abroad and reentered the United States via advance parole, the alien is accordingly in parole status. How does the interim rule affect that alien's employment authorization?

A Service memorandum dated August 5, 1997, stated that an "adjustment applicant's otherwise valid and unexpired nonimmigrant employment authorization ...is not terminated by his or her temporary departure from the United States, if prior to such departure the applicant obtained advance parole in accordance with 8 CFR 245.2(a)(4)(ii)." The Service intends to clarify this issue in the final rule. Until then, if the alien's H-1 or L-1 employment authorization would not have expired, had the alien not left and returned under advance parole, the Service will not consider a paroled adjustment applicant's failure to obtain a separate employment authorization document to mean that the paroled adjustment applicant engaged in unauthorized employment by working for the H-1 or L-1 employer between the date of his or her parole and the date to be specified in the final rule.
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