Answer Yes, a person with a pending I-485 can travel based on an advanced parole document. Or, one can travel on an H1B, H-4, L-1, or L-2 while the I-485 is pending. (09.Nov.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
Answer I am assuming that the H1B petition was revoked by the employer after the job ended. In that case, yes, it is generally possible to travel using the unexpired visa and the new approved petition. The petition revocation generally does not revoke or otherwise void...
Answer The visa 'stamp' can be used as an entry document through its expiration date. This document can be used with the new extension, although that sometimes causes issues with "short" I-94s at the port of entry. So, be sure to present the latest I-797 approval...
Answer The visa "stamp" generally remains valid through to its expiration date. It can be used to request admission up until the last day. The duration of admission is determined by the H1B petition, which may not match the visa end date if there has been...
Answer The H-4 visa application does not require that the H1B spouse have an up-to-date H1B visa "stamp." The H-4 application simply requires showing proof of the marriage and proof of the spouse's valid H1B status. (19.Oct.2015)In frequent sessions of our Chat, Sheela Murthy and other...
Answer The question here is how one plans to return to the U.S. If the H-1 approval is needed in order to return, it is risky to travel. Travel doesn't make it more or less likely that the case will be approved; it is just that...
Answer Yes, an H-4 dependent can stay in the U.S. while the H1B travels for routine personal or business travel. What is not allowed is what is referred to as "parking" dependent family members in the U.S. after the primary has left the country for good...
Answer When filing an I-485, it is important to be able to show that one has maintained status since last entering the U.S. People often include more of their immigration history than that, but the legal requirement is from the last entry. In employment-based I-485 cases,...
Answer If your priority date is current, you can file the I-485 application and apply for advance parole travel authorization at the same time. (This, of course, is assuming that the job offer is still valid, etc.) You must wait for the AP to be approved...
... My H1B petition has just been approved with an I-94 for H1B status. I would like to travel back home for a short vacation in the last week of August and come back to continue working on OPT before my status changes to H1B...
