What if I-485 gets approved while out of US?

M

MJ23

Registered Users (C)
folks,

i have a RFE pending received on Nov 12th. Attorney is lookin into it. I will be travelling out of the country for most of December. I have a H1B valid till June next year.

What if USCIS receives the response to RFE and approves my I-485 when i am out of the country, Can i still re-enter on H1B? or is that not possible?

folks - please share ur thoughts, 've asked the same question from my attorney - he's out of the office for this week and 'm scheduled to leave 2 weeks from now...any of ur responses shall be helpful.

thnx.
 
This is very interesting question. I travelled many times on my H1 after starting my GC process and I have never considered this way because in mind mind the GC is far away by the time I was travelling. Otherwise I might think twice before I went. So does the I-485 approval automatically cancels H1, any body knows the answer?
 
I re-entered the US using AP about 1 week after my I-485 was approved. No problem. I didn't know about the approval at the time and the immigration officer didn't tell me anything. He just kept one copy of the AP, put an entry stamp in my passport and let myself and my family in.
This happened less than 2 weeks ago..
So, don't worry. As long as your I-485 is pending or approved your should be in good shape. If, god forbid, rejected - I don't know...
 
Here is the key fact - I have valid H1B till June 05 but No AP.

If my 485 is pending when i reenter, i should be ok - even if its rejected - my guess is my re-entry should be ok (since i'm reentering on H1 visa and not on AP)

but what if 485 gets approved - does H1B go invalid right when the 485 gets approved? that's what i'm trying to find an answer.
 
well if u were planning to travel y dint you apply for AP.

USCIS specially warns people adjusting their status that is (485 pending ) travelling outside the country to get AP. its on their website permanently and also murthy keeps highlighting that.

so i think you should.
 
murthy, USCIS advises AP if valid visas are not available for I-485 pending cases...

my assumption was and is H1B continues to be valid untill 551 stamping occurs - but i'm trying to find the right answer - dont have time to apply for AP now.
 
MJ23
I wouldn't worry if I were you. Generally speaking, coming back with a valid H-1B stamp is a heck of a lot easier than with an AP anyway.
Consider this:
I-485 and H1B, unlike AP, are independent. Even if your I-485 is rejected you can still come back using your H1B.
If I-485 is, on the other hand, approved your H-1B status is still not going to change until you go to INS and get your passport stamped with I-551.
So, in my opinion your, H-1B will continue to be valid when you come back to the US regardless of what happens to your I-485.
 
Last edited by a moderator:
this is directly from one of Murthy's attorney

Additionally,
>we further recommend that people travel with advance parole because
>there is a chance that either I-485 or the primary's I-485 can be
>approved while they are abroad. That is, it is possible that your I-485
>could be approved while she is abroad. In that case, she would not be
eligible to enter as an H-4.

MJ what I would suggest is that ask the attorney not to reply to the rfe until the time you get back(Assuming that the rfe has a 60-90 day response period, I am not sure of that) so that way you will be sure that your I485 cannot be approved since the response to the rfe has not been sent bcos it does appear that as soon as your I485 gets approved you are no longer in H status.
 
if ur 485 is approved you are no longer on a non immigrant visa (h1-b), u r an approved immigrant, i really doubt coming back on a h1 in that case. i dont know how they treat a case like this but i wouldn't take a chance.
 
MJ23: Is that 7th year Ext?

MJ23,

Is that your 7th year extension ? If not, then I do not see any issue.

Even with 7th year extension based on pending I140, my attorney says it's valid to enter US in case of denial.
 
first, thanks to all the folks for ur response

lc2003 - this is my 6th year H1 - valid till June next year - 'm more worried abt the scenario where 485 gets approved than denied!

iknowall, jaggy - ur point makes sense - even though the probability is less - i dont wanna take any chance -- gonna wait for attorney's response -worst part is he's on vacation till Nov 28 - hmmmm..was not expecting this overall -kinda missed this point i guess..

Anyone with any of ur attorney's opinions - please keep me posted. 'll check with murthy.com also.
 
My 2 cents that I am guessing at best:
If your 485 gets approved while you are out of the country, you and your lawyer should get a copy each. So ask your lawyer or friend who can check your mail box to take the 797 approval notice and mail it to you. Then schedule an appointment at the local consulate and get a passport stamp. At this point the only thing you may not have is the i94 card that I think is surrendered while you leave. However, the consulate should be aware of this. Also it might be wise to make a copy of the I94 card before leaving US so that you can use the copy to prove its existence in your hands earlier (This for any unknown objections by the consulate). Basically consulate is an extended immigration office and hence they can do this passport stamping task too. However call up the USCIS number and confirm this is possible.
Another thing to consider is that once you get the I485 approval notice and till you get the passport stamp, you might be able to enter on H1B.
 
MJ23 said:
first, thanks to all the folks for ur response

lc2003 - this is my 6th year H1 - valid till June next year - 'm more worried abt the scenario where 485 gets approved than denied!

iknowall, jaggy - ur point makes sense - even though the probability is less - i dont wanna take any chance -- gonna wait for attorney's response -worst part is he's on vacation till Nov 28 - hmmmm..was not expecting this overall -kinda missed this point i guess..

Anyone with any of ur attorney's opinions - please keep me posted. 'll check with murthy.com also.
Click to expand...

MJ23,
I am in same situation as you. And moreover we both are with the same attorney (who is also on vacation 12 to 28). I have e-mail replies from the attorney, he says as long as H1 is valid, no one is going to question you.I can forward you the e-mails from lawyer, send me a private message with your e-mail ID.

Don't worry, we can travel on H1b as long as its valid and there is a visa stamp in our passports.
 
MJ23:

I'm in the same situation as you are. I never apply AP cause my H-1b is valid through 2006. I use H-1b travels overseas often and I don't think it's a problem. As long as your H-1b is valid, it's safe. The customs will only check if you H-1B is real or valid when you present it to them. I don't think INS will notify customs as soon as they made a decision.
 
Hi,
It is interesting that there are so many people in this forum going through the same attorney. My attorney is also on leave, I just send an email to him yesterday and got an auto response from his yahoo email account about his being on leav through 12-28. By the I just filed my I140/485/EAD/AP on Oct 25th in EB2 category with a substitue labor. So far I found this attorney very good. How you all feel about this attorney?
Thanks.
 
Hello Guys,

I am also in same boat so I asked my lawyer. Here is her reply :

You can travel with H-1 as long as it is still valid and you have the
H-1 stamped on your passport and you are still working with the same
petitioner. If the green card is approved while you are away, that is fine.

I hope this helps. So no need to worry.
 
ABT,GCSearch, other folks

Thanks for your responses and info.

i checked around as well - H1B is valid under different scenarios of 485 adjudication while out of country - so 'm gonna continue on my trip.

thanks folks - MJ23
 
You must log in or register to reply here.
Top