Legal Question in Immigration Law in New York

Traveling abroad on H1B while I-485 and I-131 pending

I have a valid H1B work permit until 2011 but the visa in my passport has expired. My I-485 and I-131 were filed in March. If I travel outside the US this month can I renew my visa and re-enter the US without waiting for the I-131 to come through?


Asked on 5/02/09, 2:59 pm

1 Answer from Attorneys
Patrick Klauss Berd & Klauss, PLLC

Re: Traveling abroad on H1B while I-485 and I-131 pending

As long as you are in valid H-1b status with the sponsoring employer you can renew your H-1b visa and enter on that status. This would not jeapordize your pending I-485 application.

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Answered on 5/03/09, 9:43 am


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