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Re-entry for Canadian with H1B status and pending I-485

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  • Re-entry for Canadian with H1B status and pending I-485

    I'm in H1B status and a Canadian citizen. I have applied for AoS with a pending I-485. I have a combined EAD/AP card that I haven't used yet.

    Should I re-enter using the H1B status or the AP?

    Online sources seem to indicate that re-entering on the H1B won't affect my pending I-485, but I want to be 100% sure.

    Most of the language I've read says that aliens with valid H1B *visas* are exempt from the AP requirement for travel with pending I-485. As a Canadian citizen, H1B *status* (without the visa), has been sufficient for my re-entry in the past (In general, Canadians don't need H1B visa stamps). So as a Canadian citizen am I also okay to re-enter in H1B status (without the visa), without jeopardizing my I-485?

    Or am I safer to re-enter with my AP card? I didn't bering any extra documentation of my job with me on travel, but I could certainly print out pay stubs and my contract letter for the year before heading to the airport...

  • #2
    Originally posted by copycat75 View Post
    I'm in H1B status and a Canadian citizen. I have applied for AoS with a pending I-485. I have a combined EAD/AP card that I haven't used yet.

    Should I re-enter using the H1B status or the AP?

    Online sources seem to indicate that re-entering on the H1B won't affect my pending I-485, but I want to be 100% sure.

    Most of the language I've read says that aliens with valid H1B *visas* are exempt from the AP requirement for travel with pending I-485. As a Canadian citizen, H1B *status* (without the visa), has been sufficient for my re-entry in the past (In general, Canadians don't need H1B visa stamps). So as a Canadian citizen am I also okay to re-enter in H1B status (without the visa), without jeopardizing my I-485?

    Or am I safer to re-enter with my AP card? I didn't bering any extra documentation of my job with me on travel, but I could certainly print out pay stubs and my contract letter for the year before heading to the airport...
    No it will not effect your AOS if you have AP. This is clearly stated in the instruction.
    I am in the same situation except I am not canadian citizen. I will use AP to re enter US tomorrow.
    PD: 08/30/2017

    11/14/2017, I-765 status was changed to "New card is being produced".
    11/16/2017, I-765 status was changed to "Card was Mailed To Me".
    11/18/2017, Approval notices were received in mail for I-765 and 1-131. they would be valid for one year.
    11/20/2017, Combo card was delivered.
    09/06/2018, EAD renewal was received.
    09/17/2018, Fingerprint Review was completed.
    11/19/2018, Interview was scheduled.

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    • #3
      Originally posted by copycat75 View Post
      I'm in H1B status and a Canadian citizen. I have applied for AoS with a pending I-485. I have a combined EAD/AP card that I haven't used yet.

      Should I re-enter using the H1B status or the AP?

      Online sources seem to indicate that re-entering on the H1B won't affect my pending I-485, but I want to be 100% sure.

      Most of the language I've read says that aliens with valid H1B *visas* are exempt from the AP requirement for travel with pending I-485. As a Canadian citizen, H1B *status* (without the visa), has been sufficient for my re-entry in the past (In general, Canadians don't need H1B visa stamps). So as a Canadian citizen am I also okay to re-enter in H1B status (without the visa), without jeopardizing my I-485?

      Or am I safer to re-enter with my AP card? I didn't bering any extra documentation of my job with me on travel, but I could certainly print out pay stubs and my contract letter for the year before heading to the airport...
      The regulations (in 8 CFR 245.2(a)(4)(ii)(C)) say "visa (if required)". So I think it means you don't have to have a visa if you are not required to have a visa.

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

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