| Q. |
Travel to INDIA without AP - 485 Pending
Hi,
I have applied for myself and my family for I-485 last year - 17 Aug 2007 (Priority Date: 02/10/2005).My I-140 has been approved.
My family are in INDIA with their AP's.But I do not have a valid AP as I didn't apply one for me.
My H1-B has been expired but have got renewal until 2010. No stamping yet.
Shall I go to INDIA now to get my H1-B visa stamping?
- Is is possible that my application being approved in this next few months?
- What will happen if my case is approved before I get the stamping in INDIA? Will i still get my visa stamping in INDIA?
- Shall I still enter to USA using my H1-B visa (if i get one). if so, then what is my GC status? Is it still considered to be approved?
- What are other alternatives/advises?
Thanks for your help and assistamce.
User's Location:
Fremont, California, United States of America
Category:
Employment-based Green Card
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| A. |
Thanks for your message. If you are eager to travel, there appears to be little reason NOT to travel to India, get a new H-1B visa in your passport, then come back. Assuming that you are EB-3, t is not likely that you will be adjusted soon.
If you get the visa, then your Green Card is approved after the visa is issued, but before your arrival in the US, at Inspections if the grant of Adjustment is notice, you are likely to be admitted as a Permanent Resident, not as an H1B. In any event, you will get your Green Card in the mail.
The more difficult cirucmstance is where the Consulate discoveres that you have been Adjusted to Permanent Resident during your absence, and cannot issue an H-1B visa. In this case, they should give you a 'boarding letter' - indicating that you are an LPR, which will get you on the plane back to the US and through inspections.
As always, the best way to insure that you wont have problems getting back into the US is not to leave!
Warm regards,
Jim Mayock |
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James R. Mayock
Immigration Lawyer
Elliot & Mayock LLP
(415) 765-5111
www.emvisa.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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