AOS package filed. Have a question about I-131

[stranger26]

Hello everyone!


Recently discovered this forum and am thouroughly impressed with the amount of information here!

Now to the question, I have filed the AOS package, but did NOT include I-765 or I-131 with it thinking that E-file would be faster. Come to find out it's more problems now, but anyhow.

I'm in H1-B status and it seems like I won't need I-765 at all since processing time has reduced significantly lately. I do, however, plan on traveling overseas for Christmas (I haven't seen my family in over 4 years).

Since the length of the trip is going to be very short, I would like not to travel on H-1B (requires appointment, drive over 2 hours to Embassy over there, etc., etc., to renew the stamp.)

Is it Ok for me to apply for I-131 in this case (which seems to allow me to avoid much of the hassle), or is this not going to be considered "emergency travel"?

 

[sarrebal]

Looks like you're gonna have to make that appointment at the embassy.
First of all, I suppose you got your I-797 approval for H1B but you don't have visa stamp or it's expired. In this case you do need an appointment at the embassy/consulate to get a H1B visa stamp.

If you already have your visa stamp, then you're fine traveling with your visa.

Anyways, today it's Oct 13, Monday is Oct 16. AP takes from 2 to 3 months to get approved. Lately more likely 3 than 2 months. You probably won't make or it's going to be extremely risky (time-wise).

 

[stranger26]

Yeah, my stamp is expired. I understand I'm cutting it close timewise, but would it hurt to apply anyway? IF if doesn't get approved in time, I'll just use H1-B...

What do you think?