Green card approved while out of country on valid H1B

[egayathri]

Hi,

I had to leave to India for an family emergency. My AOS was pending and I got my H1B stamped on my passport. I don't have an AP.

Now, my Green card was approved yesterday and I am planning to leave from India in two days.

Will I have any issues at POE? What should I do? I don't even know if the card is in my mailbox and there is not enough time to even get it mailed to India before my trip. Please advise.

[Belle]

Just enter on your H1. It's not a big deal. I would not volunteer any additional information at entry.

[pontevecchio]

Come back in H1 status and act agreeably surprised and delighted when he informs you your GC has been approved and sends you for secondary Processing. As far as you are concerned you are just waiting for their processing.

[uncc49ers.nc]

This is what I found on USCIS website.

"Advance Parole

Advance parole is issued solely to authorize the temporary parole of a person into the United States. The document may be accepted by a transportation company (airlines) instead of a visa as an authorization to travel to the United States.

An advance parole document does not replace your passport. 

Advance parole is most commonly used when someone has Form I-485, Application to Register Permanent Residence or to Adjust Status,  pending.  If you depart the U.S. while your I-485 application is pending without first obtaining advance parole, your case will be denied unless you fit into a narrow exception for those maintaining certain nonimmigrant statuses.

Section 8 CFR 245.2(a)(4)(ii)© has detailed the effect of leaving the country while I 485 is pending".

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-24520/0-0-0-24707.html

So H1 is considered exception for maintaining certain nonimmigrant status. So with valid H1B one can reenter while AOS is pending or is approved while one is away from the country.

Please do post how was it at the POE while you reentered for future reference.

Thanks!

[JAGJIT]

Just to update: Like her, I was out of country but on AP. My GC was approved during my stay in India. While entering, I showed my AP and I 94. They took me to a separate room and I was there for around 20 minutes. They stamped my AP and also I94(did not ask any questions).After reaching home, I got the physical card in my mail. I think everything is OK. Now what should I do with AP and I 94? Belle or anyone could you please answer? I would appreciate your help! Thanks Jagi

[Shurap1]

Originally posted by JAGJIT:

Just to update: Like her, I was out of country but on AP. My GC was approved during my stay in India. While entering, I showed my AP and I 94. They took me to a separate room and I was there for around 20 minutes. They stamped my AP and also I94(did not ask any questions).After reaching home, I got the physical card in my mail. I think everything is OK. Now what should I do with AP and I 94? Belle or anyone could you please answer? I would appreciate your help! Thanks Jagi

By any chance do you have a shredder?

[pontevecchio]

"Now what should I do with AP and I 94?'

Shred it or frame right.

[Belle]

You can give I-94 back when you leave. If you want to. It's irrelevant now, anyway.

[Joe.F]

Originally posted by JAGJIT:

Now what should I do with AP and I 94?

Keep them as souvenirs or shred them. Up to you. They are not needed anymore.

[JAGJIT]

Thanks to all of you! This is the reason the Murthy forum is so great! It provides immense help to a novice and ignorant like me.

Thanks once again!

Jagi