What will happen to my application if my I-485 gets approved while I am out of the US on an H-1B visa? Will the AP become invalid before I re-enter? I may need to travel abroad for a few weeks in the upcoming months due to my work.
Answers
Natalia Morozova
EB-5 Immigration attorneysDepending on how long you are out they will let you in. If the green card is approved prior to your return make arrangements to return as soon as possible.
Lynne Feldman
EB-5 Immigration attorneysIf you have the H visa, you can enter on that or have the PR card sent to you for reentry.
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysThis happens sometimes. You can have a trusted family member mail or bring your green card to you. You can also use your AP to board the plane and, at the border, present your AP and let the CBP officer know that your green card was approved during international travel. You will need to go to a secondary inspection for CBP to verify that.
Tony W. Wong
EB-5 Immigration attorneysBecause you are holding H-1B visa, you can still keep traveling with your H-1B visa while your I-485 will not be affected. The reason is H-1B visa allows dual-intent.
Matthew Kolodziej
EB-5 Immigration attorneysDo not travel with your AP. Always use your H-1B. If your I-485 is approved while abroad you may have to wait to get your green card to enter with that. Discuss with your immigration lawyer.
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