Travel with H1B while i485 is pending

[Konda]

2 hours ago, perugu_vada said:

correct

https://www.murthy.com/2014/05/26/i-485-approval-during-international-travel-2/ saying you can travel and re-enter on H1b, even if GC is approved while I am outside USA

 

so looks like not needed...

[Konda]

24 minutes ago, Konda said:

https://www.murthy.com/2014/05/26/i-485-approval-during-international-travel-2/ saying you can travel and re-enter on H1b, even if GC is approved while I am outside USA

 

so looks like not needed...

 

Returning from Overseas Trip After I-485 Approved

If the I-485 is approved while the applicant is outside the U.S., the first hurdle to overcome is usually presenting a valid document to the airline in order to board a U.S.-bound flight. This process normally is the same as it would have been if the I-485 were still pending. For instance, if the person has a valid AP document, the airline typically will accept this as a valid document for immigration purposes. Or, if the person was in a qualifying nonimmigrant status, such as H1B, upon leaving the U.S., the individual can present a valid H1B visa “stamp” and approved H1B petition to board the flight.

 

Admission at U.S. POE

Upon arrival at the U.S. POE, the AP document or one of the previously discussed qualifying nonimmigrant visas (e.g., H1B, H-4, L-1) can be presented to the CBP officer to request admission. But, if the I-485 applicant is aware that his/her green card was approved during the overseas trip, the individual should advise the CBP officer of this at the POE.

 

CBP Procedures for Permanent Residents

If a permanent resident (i.e., “green card” holder) does not have proper proof of that status – as is typically the case when a green card is issued while the applicant is overseas – the CBP officer has several options. The officer may waive the documentary requirements and allow the individual to enter as a permanent resident. Alternatively, the CBP office may “parole” the person into the United States for purposes of a deferred inspection. Deferred inspection in a case like this means that the individual will be required to return to a CBP deferred inspection location at a later time to provide documentation of permanent resident status and to complete the POE processing as a permanent resident.

We at the Murthy Law Firm have seen instances of CBP officers simply allowing such entry on AP or in H or L status for individuals who obtain the I-485 approval while traveling abroad. This does not alter the fact that the foreign national has been approved as a permanent resident. S/he should receive the green card in the mail following the I-485 approval, and should use that document for future work and return travel into the United States, otherwise complying with all requirements applicable to U.S. permanent residents.

 

So I think its not needed, but curious if any one has experiences who did this

[Spartan]

@Konda Feb 2012 aina, i dont think u will be greened by Oct 30th (i wish u get greened).

so u can still travel and comeback.

elago ur PD is current after October also