AP & H1B

[cyrus_h]

I have recently filed I-130/I-485/I-765/I-131 for my wife who is here on H1B. Few questions -

1. Can she travel on H1B as it takes 90 days to get AP. The instruction in the form says if one departs US before AP document is issued, the application is deemed abandoned.

2. If the above is not a problem, once she returns, does she need to send the latest I-94 to update her pending AOS.

3. Does she need to send any updates (other than AR-11) for change of address or quitting the H1B when AOS is pending.

Thanks in advance for any advice on the above.

 

[NBC_June04]

QUOTE=cyrus_h]I have recently filed I-130/I-485/I-765/I-131 for my wife who is here on H1B. Few questions -

1. Can she travel on H1B as it takes 90 days to get AP. The instruction in the form says if one departs US before AP document is issued, the application is deemed abandoned.
She can still work on H1B. But once you file for AOS, she has to wait for the AP. [
2. If the above is not a problem, once she returns, does she need to send the latest I-94 to update her pending AOS.

3. Does she need to send any updates (other than AR-11) for change of address or quitting the H1B when AOS is pending.
sShe does not need to send anything for quiting H1B. It's A must to to send Ar-11 to all addresses listed on the form and a letter with her old and new address to you local office. You have to send form I-865 for change of addres of the petitioner to one od the 4 Centers ,depending on the state you live at .
Thanks in advance for any advice on the above.[/QUOTE]

 

[sarrebal]

QUOTE=cyrus_h]I have recently filed I-130/I-485/I-765/I-131 for my wife who is here on H1B. Few questions -

1. Can she travel on H1B as it takes 90 days to get AP. The instruction in the form says if one departs US before AP document is issued, the application is deemed abandoned.
She can still work on H1B. But once you file for AOS, she has to wait for the AP. [

[/QUOTE]


This is incorrect. As long as you kept your H1B status, meaning that you kept your H1B job and didn't use your EAD to get another job, you are free to travel without AP. I infact left the US for 6 days during Labor's Day weekend and got re-admitted with no problem under H1B while AOS pending.