140approved + H1b active + 485 submited + need to leave US = SHOULDn't apply AP?? THX MUCH!

[sharen2011]

Facts: 140approved + H1b active (with same employer) + 485 submited + need to leave US

Question: i've studied this forum a lot and learned many suggest that AP is like an extra insurance. However, ons problem there is no clear answer. --- if I apply for AP before i leaving US, but come back into States on H1b despite an approved AP (because i can't come back on AP if i received AP while outside US), would the fact that i've an approved AP or otherwise having an AP applicaion pending, has any potential risk or creates any problem, when either entry into US (on h1b), or for the application of 485 itself, or regarding my active h1b status??? In other words, should I consider simply not to apply AP, despite its potential insurance value???

thank you very much for your help!!!!

 

[Jackolantern]

According to this it looks like if you leave the US with valid H1B and pending AP, you can use the AP for a future trip after it's approved (but it doesn't look like you could use the AP to return from the same trip if it was pending when you left the US).

http://www.murthy.com/news/n_favint.html

A person is in the United States on H1B status. S/He also has an I-485 pending and a request for advance parole filed while in the U.S. Before the advance parole is approved, the person has to travel abroad. S/He may depart the U.S. and reenter in H1B status without abandoning the advance parole request. The advance parole is then available to use for a future trip.

 

[sharen2011]

Many thanks Jackolantern! I've noted this memo as well in one of earlier threads. I was still somewhat concerned because in some other threads there were suggestion regarding some potential complication due due to filing of AP application under this kind of circumstances (though not very clearly clarified). So I am very curious what such potential complication might be, and on balance (given the advantage is back-up and the suggested disadvantage is potential), whether it might be better off simply not to apply AP.

 

[Jackolantern]

If you don't want to apply for the AP before your upcoming travel because you're concerned about these subtle interpretations of the law, you could just apply for it after you return from the trip.

 

[sharen2011]

BIG thanks for the thoughts and advice. That's very helpful.
Cheers!

 

[xbrain]

I have H1B visa, and I plan to file I-140 EB2-NIW. If I do not file I-485 and my I-140 is pending, can I travel outside of USA with my H1B ? Thank you.

 

[TheRealCanadian]

Please start a new thread.

 

[ginnu]

I have H1B visa, and I plan to file I-140 EB2-NIW. If I do not file I-485 and my I-140 is pending, can I travel outside of USA with my H1B ?
-----H1 has nothing to Travel out of US. H1 is for work in US or for entry to US for working with US employer who filed H1. If you have job and you have valid H1 Visa stamp you CAN enter US and it does not matter if I-140 is filed or Approved or I-485 filed.
Thank you.

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