mindyh2000

I am holding H1B visa right now, and I am applying for the permament residency. During the process of adjust status (I-485), my status will become pending.

What if I have valid H1B visa, can I still travel with H1B visa instead of I-485 pending status and without travel document? Will I having problem to reenter US? Any consideration?

Thank you very much for all the information.

Raj

No problem. You can travel with a valid H1 visa. I travelled last month with my H1
after I filed my 485. There was no problem at the POE. Hope this helps. Thanks,

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mindyh2000

Thank you for the information.

Dg

May not be safe idea. I was told that while a person is waiting for adjustment, the
status is not really H1 anymore. You can travel with H1 papers in addition to the
original I-485 receipt notice to prove your status. It is always safe to have legal
travel documents.

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[usenetquote2]> > I am holding H1B visa right now, and I am applying for the permament residency.[/usenetquote2]
[usenetquote2]> > During the process of adjust status (I-485), my status will become pending.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > What if I have valid H1B visa, can I still travel with H1B visa instead of I-485[/usenetquote2]
[usenetquote2]> > pending status and without travel document? Will I having problem to reenter US?[/usenetquote2]
[usenetquote2]> > Any consideration?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Thank you very much for all the information.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > --[/usenetquote2]

[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]

Stuart

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This used to be the case. It is no longer. Because H1B permits dual intent, it was
decided to eliminate the need for an EAD and AP to provide for employment and travel,
providing the H1B remains current.

Noah Spamless

"Raj" <[email protected]>
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Did you show the immigration officer your I485 receipt? If not, you probably are
considered as having abandoned your AOS. You should check with your immigration
lawyer at once.

When returning from abroad while your AOS is pending and you have both an unexpired
H1B (and are working for the same petitioner, of course), and EAD/AP, you can enter
the country on either set of documents. If you enter on H1B, you are still on H1B
status (but read the warning in the next paragraph). If you enter on the AP, you are
*not* in H1B status, but you can still work using your EAD. Make sure Human Resources
knows your status so they can update your I9A form. Theoretically, you can switch
back and forth every time you reenter, but it makes little sense.

BE CAREFUL: If for whatever reason you want to reenter on H1B (e.g., because you
don't have your AP yet), you *MUST* have with you not just your passport with the H1B
visa sticker, but also the I129 petition whith which you got the H1B visa *AND* the
I485 receipt. You must tell the admitting officer that you have AOS pending and give
them all this documentation. Carry the originals with you, not photocopies (and guard
them with your life). If you fail to do that you will be considered as having
abandoned your AOS.

No, I don't know if and how they check, so you may be lucky and not have any
problems, but there is no need to risk it.

As they say, I Am Not A Lawyer, and this is not legal advice. You should consult your
immigration laywer, who should NEVER have let you travel abroad while on AOS without
explaining these things to you.