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Valid H1B Traveling without AP .
- Thread starter rpanwar
- Start date
Carefull
My take, you can do that, if you have a valid H-1b you can travel with your H-1b and you dont need AP, just incase when you are in india and you greeen card gets aprroved. your H-1b will no longer be valid for you to reneter.
take your lawer advice before you take a decision
My take, you can do that, if you have a valid H-1b you can travel with your H-1b and you dont need AP, just incase when you are in india and you greeen card gets aprroved. your H-1b will no longer be valid for you to reneter.
take your lawer advice before you take a decision
rpanwar, official INS position is that H1-B holders are allowed to travel while I-485 is pending as long as they present I-485 filing receipt on re-entry, otherwise AOS is considered abandoned.
You also can obtain AP and re-enter on it, however in this case you will not be granted H1-B status and will need EAD for work. Your H1-B visa will still be valid for future re-entries though.
Overall, either way is OK, just keep in mind that:
1. If you travel on H1-B take the receipt with you
2. If you travel with AP you will need EAD to work and also all your dependants - if any - will loose H4 status, which is not a problem is they are included in your I-485.
It's your call. Talk to your lawyer to work out the best solution for your circumstances.
Hope this helps
Good luck
You also can obtain AP and re-enter on it, however in this case you will not be granted H1-B status and will need EAD for work. Your H1-B visa will still be valid for future re-entries though.
Overall, either way is OK, just keep in mind that:
1. If you travel on H1-B take the receipt with you
2. If you travel with AP you will need EAD to work and also all your dependants - if any - will loose H4 status, which is not a problem is they are included in your I-485.
It's your call. Talk to your lawyer to work out the best solution for your circumstances.
Hope this helps
Good luck
Hello,
Though there are many if's and but's and points of get away...
I have been told by folks that forget your H1 concept the moment you apply for 485. From that moment, you are looked at as some one who wants to adjust to permanent status.
The whole issue of EAD/ AP starts when you have to travel outside the country. When you re-enter, you fill the I-94, and the portion that is tore off is sent to INS. They keep track of your re-entry. If you indicate that you have re-entered on H1, then it appears that it is a direct conflict with your intentions (I 485).
The best thing would be to apply for both EAD and AP ( for emergency purposes) along with your 485 application. It sure does mean that you shell out $$, but these are things you can do to avoid any overall risks to your file including avoiding any RFE's.
The above is my view of the happenings. However it is perhaps the most safe and conservative approach to this problem that seems to be posted so many times in our forums.
Certainly one must consult lawers as applicable.
Thanks!!
Though there are many if's and but's and points of get away...
I have been told by folks that forget your H1 concept the moment you apply for 485. From that moment, you are looked at as some one who wants to adjust to permanent status.
The whole issue of EAD/ AP starts when you have to travel outside the country. When you re-enter, you fill the I-94, and the portion that is tore off is sent to INS. They keep track of your re-entry. If you indicate that you have re-entered on H1, then it appears that it is a direct conflict with your intentions (I 485).
The best thing would be to apply for both EAD and AP ( for emergency purposes) along with your 485 application. It sure does mean that you shell out $$, but these are things you can do to avoid any overall risks to your file including avoiding any RFE's.
The above is my view of the happenings. However it is perhaps the most safe and conservative approach to this problem that seems to be posted so many times in our forums.
Certainly one must consult lawers as applicable.
Thanks!!
Just wanted to comment on Chikkis's post, especially the following qoute : " If you indicate that you have re-entered on H1, then it appears that it is a direct conflict with your intentions (I 485)". This is simply not true. H1-B as well as L are dual intent visas and INS has explicitly allowed their holders to have immigrant intent as well as use them for re-entry while I-485 is pending - refer to INS interim rule in Federal Regsiter for full details (http://frwebgate3.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=4878223781+8+0+0&WAISaction=retrieve)
ndantu - as far as your question, you may want to consult a lawyer but it seems to me that your only option would be travel on H1-B, because if you re-enter on AP, your spouse will not be eligible for H4. Also, it appears that your best option would be to wait until you get married, file for H4, bring your wife here and then apply for I-485 - together with her. I'm not saying that it's impossible to then add het to your I-485, but it takes more effort, besides you may have difficulties convincing INS that the marriage was not bogus.
Again, consult your lawyer to work out the best plan of actions for you, but one thing is for sure - if you re-enter on AP, your wife is not elgible for H4. If, however, you enter on H1, she can enter on H4, you can file I-485( either for both of you on only for her if yours is already pending ) and then both of your are free to travel on AP and work on EAD
Hope this helps
Good luck
ndantu - as far as your question, you may want to consult a lawyer but it seems to me that your only option would be travel on H1-B, because if you re-enter on AP, your spouse will not be eligible for H4. Also, it appears that your best option would be to wait until you get married, file for H4, bring your wife here and then apply for I-485 - together with her. I'm not saying that it's impossible to then add het to your I-485, but it takes more effort, besides you may have difficulties convincing INS that the marriage was not bogus.
Again, consult your lawyer to work out the best plan of actions for you, but one thing is for sure - if you re-enter on AP, your wife is not elgible for H4. If, however, you enter on H1, she can enter on H4, you can file I-485( either for both of you on only for her if yours is already pending ) and then both of your are free to travel on AP and work on EAD
Hope this helps
Good luck