pb_syr Posted May 2, 2011 Report Share Posted May 2, 2011 I will be travelling to my home country while my I485 is in pending with TSC. I plan to return with a valid H1 B stamp on my passport while my I485 is pending for approximately 70 days. If my I 485 gets approved while I am outside the US, do I have to enter with an AP or I can still enter with the H1 Stamp ? Link to comment
pontevecchio Posted May 2, 2011 Report Share Posted May 2, 2011 You can do either. You will of course have to speak and tell them waht happened. Link to comment
pontevecchio Posted May 3, 2011 Report Share Posted May 3, 2011 Check out the article on the home page of the Murthy firm. Link to comment
pb_syr Posted May 3, 2011 Author Report Share Posted May 3, 2011 Thanks pontevecchio, however after reading the article in the link below .. I am not sure if I can re-enter with the H1 stamp if my I485 gets approved. https://www.murthy.com/news/n_intrvl.html The article states that you cannot get a H1 stamp after the I 485 gets approved and that you will have to enter using AP. However in my case my I 485 is pending approval I already have a valid H1 B stamp. Please advise experts. Link to comment
pontevecchio Posted May 3, 2011 Report Share Posted May 3, 2011 It does not matter. Read the whole article. Link to comment
pb_syr Posted May 3, 2011 Author Report Share Posted May 3, 2011 Understood.. Now does the CBP officer need to informed that my I 485 has been approved if I use the H1 B stamp to enter... "Since the traveler is now a permanent resident, however, entering in nonimmigrant status is not appropriate. The CBP officer at the POE should be informed of the individual's situation when s/he reenters, if the I-485 applicant is aware that her/his approval was issued while abroad." Link to comment
pontevecchio Posted May 4, 2011 Report Share Posted May 4, 2011 "The CBP officer at the POE should be informed of the individual's situation when s/he reenters, if the I-485 applicant is aware that her/his approval was issued while abroad."" Which part of the above statement is not clear? I thought it was quite clear. Link to comment
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