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Immigration版 - 在Green Card 批准和收到的期间,可否用H-1b visa 入境?
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相关话题的讨论汇总
话题: us话题: ap话题: lpr话题: h1b话题: visa
进入Immigration版参与讨论
1 (共1页)
g****r
发帖数: 77
1
我的问题比较罕见,还望各位有经验的大牛请教:
前天Fingerprint了,但是最近有急事需要回国,在国内呆上3周。 H-1b的VISA还没有
过期,所以当时就没有申请AP。 现在我担心回国的时候GC批准了,但是还没有寄到家
,请问我如果用H1b入境,入关的时候会不会有问题?
谢谢!
l********l
发帖数: 23
2
据说所知没有AP如果离开美国,就算自动放弃485申请了。。。楼主问问权威人士把。
bless~
g****r
发帖数: 77
3
谢谢!
g****r
发帖数: 77
4
google了一下,发现这个帖子很清楚的解决了我的问题。放在这里,希望对以后的朋友
有帮助:
http://www.trackitt.com/uk-discussion-forums/i485-eb/694648897/
这是具体的copy过来的具体解释:
This thread is full of wild guesses, opinions not based on research, and
fear-mongering. Let's get a few things straight:
1- As everybody knows by now, if your I-485 is *pending*, you must have an
AP *approved* before you depart the US. The only exception to needing an AP
is if you have a valid H or L visa, are in H or L status before departing,
and *intend* to return to H or L status when you come back to the US.
Otherwise, your I-485 is deemed abandoned,
2- When your I-485 is approved, that approval according to USCIS means that
you are *admitted* to the US as a permanent resident. If you happen to be
abroad (and you left according to the rules in #1 above), then you are still
a US permanent resident with full rights of entry to the US since, again,
you've already been "admitted" by virtue of your approved and un-abandoned I
-485. The plastic card many people go nuts over is just evidence of your
permanent residency, not an embodiment of it.
3- So what happens if you're abroad, intending to reenter the US on an
approved AP or an H/L visa, and you find out that you are a LPR? That means
that you have the right to enter the US as a lawfully admitted (by USCIS,
not CBP) permanent resident. But you still need to be transported to the US,
which means that you would show the airline whatever document (visa or AP)
that you planned to use (and don't bother explaining that you have a green
card in the US, the airline doesn't care and you'll probably just confuse
them and make things worse for yourself). Just get yourself to the US and,
once there, you will be processed accordingly. The fact that you became an
LPR while you were on your overseas trip is a *perfectly valid* excuse for
not having your green card (evidence of status) with you. But you're still
in that status (LPR) regardless.
4- Contrary to what some people are saying here, you cannot be denied entry
because you do not have a green card because (I repeat) the green card is
not an embodiment of your LPR status, it is just evidence of it. As long as
you can establish your identity to the CBP, you will be stamped into the US
since you're already "admitted" by virtue of your I-485 approval.
5- What some lawyers are saying about not being able to enter with a visa or
AP is not true. It *is* true that you cannot attempt to be paroled into the
US or attempt to be admitted as a non-immigrant H or L person if you are an
LPR. But that does not mean that you cannot use these documents to allow
the airline to transport you over. Once at the POE, your visa or AP are
useless, but they will help establish your identity so you can be processed
properly as an LPR and let in. The AP may be especially useful because it
has a photo and your A# on it. Although the lawyers are correct in stating
that you cannot use it to be paroled into the US, they are wrong to suggest
that you cannot appear at the POE with it.
6- Remember what happens if a permanent resident who has a green card loses
it abroad. What does that person do? Google it - they are advised to go to
the nearest US consulate and get a so-called "transportation letter" that
will allow the airline to carry them back to the US, whence they will be
processed accordingly. The consulate cannot issue replacement green cards,
they only can help you to allow the airline to let you on board. That's
pretty much what an AP or visa will do if your I-485 is approved while you
are abroad. They can be used for transportation, nothing more, but that's
all you would need anyway.
7- Lastly, most people who post such questions (what happens if my LPR is
approved while abroad) are the people who end up not facing this situation.
So just relax.
I hope this clarifies things, and that people will do some research and not
just throw wild guesses about what is or is not allowed based on pure
hypotheticals.
s******4
发帖数: 1322
5
The attached explanation is not entirely correct.
You can certainly enter with AP even after 485 approval.
You cannot enter with a valid H1b visa since you do not possess H1b status
anymore.
What this says is that
"You can use H1b visa to cheat with the airline to let them transport you (
with an intention to enter under H1b status) to a POE"
and then "POE will find out you are LPR and will admit you".
This is not strictly correct. You cannot cheat the airline. If you show the
airline that you have a h1b visa and intend to enter under h1b status, you
must do the same thing at the POE.
If you really do not have an AP, I suggest you try not to enter with h1b
visa, but go to a US embassy to obtain a "transportation letter" which
allows the airline to transport you to a POE with your intention to enter as
LPR.

AP

【在 g****r 的大作中提到】
: google了一下,发现这个帖子很清楚的解决了我的问题。放在这里,希望对以后的朋友
: 有帮助:
: http://www.trackitt.com/uk-discussion-forums/i485-eb/694648897/
: 这是具体的copy过来的具体解释:
: This thread is full of wild guesses, opinions not based on research, and
: fear-mongering. Let's get a few things straight:
: 1- As everybody knows by now, if your I-485 is *pending*, you must have an
: AP *approved* before you depart the US. The only exception to needing an AP
: is if you have a valid H or L visa, are in H or L status before departing,
: and *intend* to return to H or L status when you come back to the US.

c****o
发帖数: 1280
6
这个要小心一点,你现在是change of status,你一旦出境可能会有影响吧,还是问问
律师吧

★ 发自iPhone App: ChineseWeb 7.3.1

【在 g****r 的大作中提到】
: 我的问题比较罕见,还望各位有经验的大牛请教:
: 前天Fingerprint了,但是最近有急事需要回国,在国内呆上3周。 H-1b的VISA还没有
: 过期,所以当时就没有申请AP。 现在我担心回国的时候GC批准了,但是还没有寄到家
: ,请问我如果用H1b入境,入关的时候会不会有问题?
: 谢谢!

c**2
发帖数: 8496
7
CBP at POE WILL let you enter. They will stamp you either 1. admission
stamp and "ARC" annotation, or 2. defer inspection, which mean you will
later need to report to certain CBP/USCIS office at a specific time with
your GC to finish the admission.
But they cannot stamp you with parole stamp (WHICH IS NOT ADMISSION STAMP)
the two stamps are different. They also should not stamp you admission with
H1B if they confirm that you are LPR.
1 (共1页)
进入Immigration版参与讨论
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