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Travel out of country and re-entry during/after 485 filing Travel out of country and re-entry after 485 filing. Various options of travelling and issues that need to be taken care of while filing and after filing 485.

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  #1 (permalink)  
Old 02-11-2008, 04:43 PM
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Default H1B/H4 extension after 6 Years, while I485 is pending

Advance Parole limits travels for emergencies, mainly to home country. H1B/H4 has no such restrictions and can be used for travel for vacation/pleasure.

Due to backlog GC is going to take a lot time. Is it possible to get H1B/H4 extended after six/seven/eight years, while I485 AOS is pending? What will be duration for extension 3 years (I140 approved)?

Recently there are posting indicating several questions being asked at POI, while using AP for entering USA.

Thanks
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  #2 (permalink)  
Old 02-11-2008, 06:25 PM
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Originally Posted by Dhundhun View Post
Advance Parole limits travels for emergencies, mainly to home country. H1B/H4 has no such restrictions and can be used for travel for vacation/pleasure.

Due to backlog GC is going to take a lot time. Is it possible to get H1B/H4 extended after six/seven/eight years, while I485 AOS is pending? What will be duration for extension 3 years (I140 approved)?

Recently there are posting indicating several questions being asked at POI, while using AP for entering USA.

Thanks
1 year extension for every h1
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  #3 (permalink)  
Old 02-11-2008, 07:41 PM
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Default Isn't it 3 years if 140 is approved?

I have heard it is 3 years if 140 is approved and 485 is pending.
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  #4 (permalink)  
Old 02-11-2008, 08:14 PM
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Under AC21 it is possible to request a 3 year extension of h1 only if I140 has been approved and priority dates for the country of chargeability + EB category are not current (Does not matter if I485 has been filed or has not yet been filed)
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  #5 (permalink)  
Old 02-11-2008, 08:38 PM
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Question AP vs H1

I plan to visit home next month and use AP to re-enter.My company will file H1-extension in Sep -08. So if I travel in 2009 , can I use H1 to re-enter instead of AP? Is there any rule around this?
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  #6 (permalink)  
Old 02-11-2008, 08:44 PM
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You need to check with your attorney. If you use AP to re-enter US, you have given up your H1b I think. So you cannot extend an H1b in Sept 2008. Anyone else have any feedback on this?
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  #7 (permalink)  
Old 08-06-2009, 01:18 PM
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Thanks ryandcosta. Thats what I am checking with my attorney. But i have a friend who applied for H1 extension after 6 years using the labor from another company. Thats where I got doubt. So as thinking.
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  #8 (permalink)  
Old 08-06-2009, 01:32 PM
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Originally Posted by NolaIndian32 View Post
You need to check with your attorney. If you use AP to re-enter US, you have given up your H1b I think. So you cannot extend an H1b in Sept 2008. Anyone else have any feedback on this?
As long as you have a valid H1B and same employer your status remains same. It will not change if you use AP to re enter.


Kanaka
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  #9 (permalink)  
Old 08-06-2009, 02:15 PM
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Default Attorney Rejected

I am on H1 10th year from same employer. I used parol last time. My H1 expiring Dec. 2009, I sent mail to attorney to get ready for H1 extension and he rejected by saying that we can not file extention for you since you entered on Parole. Your I-94 have AOS pending.

He said you can take one risk if you want. go out of country and then get stamped and come in. Then we can file extension.

I need to live up with EAD only.

Anybody got same reply from Attorney ?

OR if anybody have any link or pdf to disapprove this please post it.
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