I am currently on an H-1B and have an active H-1B visa stamp. What would happen if I travel with H-1B visa while my I-131 AP, I-765 EAD, and I-485 are all pending? Can I also do an H-1B visa renewal while my I-485 is pending?
Answers
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyThat should be fine but your I-131 will be denied if you travel before that is approved.
Sunwook Sunny An
Find an EB-5 Visa Lawyer: Immigration AttorneyYes, H-1B visa is a dual intent visa that is not impacted negatively by filing I-485. We recommend that you continue to maintain H-1B until you receive your conditional green card.
Dennis Tristani
Find an EB-5 Visa Lawyer: Immigration AttorneyYes - the H-1B visa is a dual intent visa. You can travel outside the U.S. without it affecting your pending AOS application so long as you use your H-1B visa to return to the US and continue working for your H-1B employer. No issue extending your H-1B status while your AOS is pending either.
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