New H Visa Stamp while AOS pending

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All,

I would appreciate any feedback you may have on my question.

I'm currently on H visa which recently got extended thru March 2012. The visa stamp on my passport will expire in early August. This week, I will be submitting my documents for Adjustment of Status for permanent residency(married back in April).

My question is: Since I will have to travel overseas on business in August and September and will need to acquire new visa stamp, would that create any problem on my pending case? I know I'm free to travel without the need for and Advanced Parole thanks to my H visa but I didn't know the implications due to the fact that I'll have a new visa stamp on my passport while my case is pending.

Thanks so much for any info you may provide.

[JimVaPhuong 4,863]

All,

I would appreciate any feedback you may have on my question.

I'm currently on H visa which recently got extended thru March 2012. The visa stamp on my passport will expire in early August. This week, I will be submitting my documents for Adjustment of Status for permanent residency(married back in April).

My question is: Since I will have to travel overseas on business in August and September and will need to acquire new visa stamp, would that create any problem on my pending case? I know I'm free to travel without the need for and Advanced Parole thanks to my H visa but I didn't know the implications due to the fact that I'll have a new visa stamp on my passport while my case is pending.

Thanks so much for any info you may provide.

You can travel outside the US with a valid H visa while your AOS is pending. They won't consider your AOS to be abandoned. However, I don't know if they'll renew your H visa if you have an AOS application pending. This isn't a scenario I've ever read about. Unless you find out for certain that your H visa can be renewed while your AOS application is pending then you might want to consider postponing your AOS application until after you've renewed your H visa.

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You can travel outside the US with a valid H visa while your AOS is pending. They won't consider your AOS to be abandoned. However, I don't know if they'll renew your H visa if you have an AOS application pending. This isn't a scenario I've ever read about. Unless you find out for certain that your H visa can be renewed while your AOS application is pending then you might want to consider postponing your AOS application until after you've renewed your H visa.

Jim, thanks for the reply. Just to clarify. My H extension has already been processed and approved. I just need to get the stamp on my passport before I fly back to US.