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Travel out of country and re-entry during/after 485 filing Travel out of country and re-entry after 485 filing. Various options of travelling and issues that need to be taken care of while filing and after filing 485.

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Old 06-08-2008, 09:00 PM
araman40 araman40 is offline
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Default Strange Case Scenario - H1 status w/ AP

All,

I have a question about hypothectial scenario I cannot find a clear answer to:

Like many members, I have H1 status - valid till Jul 09. Stamp is expired, was obtained prior to renewal. I-140/I485 was filed in July concurrently. My I-140 is approved. Now, I am travelling abroad and want to re-enter using the AP.

So, from the information I gleaned from all the threads, I can re-enter on AP, will be in parolee status, but can change to H1B -ask for extension based on approved I-140.


Now, in the future, if for some reason, the I-485 is denied, and I am still on my H1 then, can my H1 status or just say status in the US be jeopardized by the fact that I used an AP for entry- and that AP was on the basis of a (later) denied I-485? Assuming I kept valid H1B status all through, can I then (if I choose to) do the Green Card process all over again? Would my status be clean?

Thanks

Ananth

Last edited by araman40; 06-08-2008 at 09:02 PM.
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  #2  
Old 06-08-2008, 10:05 PM
karthkc karthkc is offline
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Mar-05
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Default My 2 cents...

Quote:
Originally Posted by araman40 View Post
All,

I have a question about hypothectial scenario I cannot find a clear answer to:

Like many members, I have H1 status - valid till Jul 09. Stamp is expired, was obtained prior to renewal. I-140/I485 was filed in July concurrently. My I-140 is approved. Now, I am travelling abroad and want to re-enter using the AP.

So, from the information I gleaned from all the threads, I can re-enter on AP, will be in parolee status, but can change to H1B -ask for extension based on approved I-140.


Now, in the future, if for some reason, the I-485 is denied, and I am still on my H1 then, can my H1 status or just say status in the US be jeopardized by the fact that I used an AP for entry- and that AP was on the basis of a (later) denied I-485? Assuming I kept valid H1B status all through, can I then (if I choose to) do the Green Card process all over again? Would my status be clean?

Thanks

Ananth
As long as you maintain H1 status during the 485 process, your status is in now way violated by the denial of a 485 application. That means no EAD usage or AC21 portability.

Do remember though that H1 status is time-bound and if you run out your 6 year clock, you have to have a pending LC for more than 365 days or an approved 140 for you to extend it.

Coming to AP usage, the law and USCIS is less clear on how the timeline factors there.

If you resume employment for the same employer as your petitioning GC employer, your H1B status is valid and an extension in that case trumps the AP 1-94 (meaning you are reinstated under H1B)

If for some reason, there are issues with your 485 before then, I would consult a good attorney and present the facts of your case if USCIS sends an RFE.

You can start a new GC petition at any time as long as you are on valid H1B...

--Karthik
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