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jkyoungchoi

Am I in trouble? H1b Holder travel after Filing but no I-131

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Hi,

I'm H1-b visa holder and my wife is USC.

In feburary we filed 130/485/765 via lawyer.

The lawyer told us that I do not need i-131 although I travel after the filing because H1B is dual intent.

Time line

March 5: case received for 130/485/765

April 6: finger prints notice

April 15: finger prints.

April 23: I485 status become "Case Is Ready To Be Scheduled For An Interview"

Then on 28th we left US to travel for a couple of weeks.

Came back on May 12th.

then nothing has changed.

Yesterday my 765 was approved so I was wondering how other h1b holder does, but seems like they all files I131.

This is a little frustration, but would my green card process might jacked up?

Thank you,

Jack

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~~moved from what visa do I need to AOS from work, tourist, or student visas~~


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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If your H1B still valid, you don't need I-131.
Holder of H1B Visa is freely to travel in and out the US during the validity period.


Marriage : 2006-05-17

-------------------------
USCIS Process
-------------------------
I-130 Sent : 2007-06-12
I-130 Approved : 2007-12-05
Status: Take 179 days to complete, because of notarize marriage certificate(RFE).

-----------------------
NVC Process
-----------------------
NVC Received : 2007-12-06
Case Completed at NVC : 2008-03-13 Case Complete Forward to Embassy
Case Left NVC : 2008-03-18
Status: Take 97 days to complete, because of the tax return and w2 (RFE),

-----------------------------
Consulate Process
-----------------------------
Consulate Received : 5/12/2008 Eligible for interview, waiting for notice (Per DOS)
Packet 4 Received : 6/11/2008
Interview Date : 7/10/2008 interview at 7:15am (Per DOS)
Blue - Required Overcome. Overcome send 7/24
8/19/2008 Going back to GUZ to get visa stamp
Visa Received : 8/22/2008
US Entry : 10/17/2008 JFK Port of Entry

-----------------------------
Citizenship Process
-----------------------------

N-400 Filed: 11/25/2012

Interview Date: 1/2013 (Passed)

Ceremony: 03/2013

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Thanks for reply.

My h1b is still valid, I was worried because my interview date hasn't scheduled after finger prints.

If your H1B still valid, you don't need I-131.
Holder of H1B Visa is freely to travel in and out the US during the validity period.

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Thanks for reply.

My h1b is still valid, I was worried because my interview date hasn't scheduled after finger prints.

The I-131 has nothing to do with any other part of your immigration paperwork. It is applying for a travel permit that states your intention to stay in US under the conditions of whichever visa you are currently using.

If you have a visa that already permits reentry and you stay within the time limits for travel without a permit, the I-131 is not needed.

Your lawyer actually got this one right :)

The adventure continues

Fritz

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