applying for i-485 and travelling out to get new h1b stamp on passport

[suraj_nair]

Hi

My wife and I will be applying for i-485 towards the end of the week. We are both on H1 visa's. My h1 visa stamp on passport is valid till sept 2007, but I have an h1 extension (when transferred to new employer) that is valid till june 2009 (not stamped on passport).

The question I had was, can i travel outside the US ( going to canada) and then visit the US consulate and get a new visa stamped on my passport. Will the fact that my 485 application is pending cause any problem. I am aware that H1 is legally a dual intent visa.

Do i need to wait for 1 485 notice or Advance Parole.

And if I do wait for AP can i go out of the country and return using AP and still be on H1. Or does using AP invalidate the H1 visa, as I believe is the case if you use EAD.

I did look thru the forums quite a bit and I did see a lot of similar cases but no the exact same thing. Would really appreciate if someone could shed somelight on this, especially if you have had experience in the same scenario.

Thanks in advance
-S

[waitin_toolong]

You dont need EAD or AP if you have other valid visa to work H1 or L1 .

but it is better to wait for the receipt.

no problem with stamping if you show your documentation.

If you enter with AP you can still use H1 to work

[suraj_nair]

thank you

Thanks a lot for the reply. Really appreciate it.

-S