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  • Travelling when I-485 has not been approved

    Hi All -

    I am currently residing in the US with a valid H1B visa ( not yet stamped in the passport, expiring June 2023).
    I also have applied for my I485 in Oct 2020 for which i have received the receipts but no other progress.

    I have a personal emergency due to which i am required to travel to India and i wanted to understand if this could invalidate my I-485 application in any way?
    Is it ok to travel on the H1B , get it stamped in India and travel back to USA?
    If i do that, would i have to provide an updated I94 details to uscis for my I485 application.

    My I131 was also filed along with I485, but hasn't been approved yet.

    What is the best course of action i can take without impacting my I485 application.

    Thanks


  • #2
    Is it ok to travel on the H1B , get it stamped in India and travel back to USA?
    From what I read, you can do this. You don't need to provide an updated I94, you will do that only if they require the documents or ask about any travel on your interview (if one is needed). It should not impact your I485.

    Edit: check info from newacct below.
    Last edited by Enub4; 03-02-2021, 02:33 PM.
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 999 - Card delivered to me - Aug 2021
    ---
    All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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    • #3
      Note that the H1b visa ban is still in effect. Although you are not supposed to be subject to the ban since you were in the US when it took effect, consulates have been inconsistent in applying this condition.

      This is my personal opinion and is not to be construed as legal advice.

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      • #4
        Thank you, appreciate your inputs.

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        • #5
          Is H1B visa ban in place till end of this month?

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          • #6
            Originally posted by usvisitor1 View Post
            Is H1B visa ban in place till end of this month?
            yes

            This is my personal opinion and is not to be construed as legal advice.

            Comment


            • #7
              Originally posted by newacct View Post

              yes
              Have posted my query on this forum. Request your advise please

              I am in the US with a valid H1B status (need to be in India to stamp visa on my passport) and currently I am in the last stage of my Green card process with biometrics and interview pending. My Advance parole is also under process and I have not received the same yet. My parents have finalized a girl in India for my marriage

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