What if I485 is denied while outside the US and applying for H1b stamp?

[ecuellaro]

Here is my situation.

I'm travelling outside the US on vacation and I'm planning to go to the US embassy to get my H1B passport stamp. My current H1B stamp is expired.

I'm on my 7th year of H1B, I recently received the I797 approval notice and have ALL papers in order, so I should not have any problems in theory.

My question is. What about if my I485 is denied while ouside the US and BEFORE going to get my passport stamped????

Will this cause denial when requesting the passport stamp and therefore I would not have a way back into the US???

Please help.

 

[voldemarv]

Here is my situation.

I'm travelling outside the US on vacation and I'm planning to go to the US embassy to get my H1B passport stamp. My current H1B stamp is expired.

I'm on my 7th year of H1B, I recently received the I797 approval notice and have ALL papers in order, so I should not have any problems in theory.

My question is. What about if my I485 is denied while ouside the US and BEFORE going to get my passport stamped????

Will this cause denial when requesting the passport stamp and therefore I would not have a way back into the US???

Please help.

It depends on the reason why I-485 got denied. The worse thing - if your 485 got approved. Then you will not be able to get H1B stamp because your H1 will not be longer valid. You will need AP to return to US.

 

[Jaggy]

It is always good to have advance parole as a backup option when you are leaving the country once I485 is applied in case something goes wrong with your H1B stamping. AP takes 2-3 months to be approved