Can I travel on AP while H1B transfer approval is pending

H

h1b2ndterm

Registered Users (C)
Hi All,

My AP from Company B was approved a while ago but my H1B transfer from Company A to Company B is still pending currently with RFE notice at attorney. Can I and my wife travel to India with AP. ( my wife is on her own H1B as of now). Will they be any problem to the H1B in process? Or any other issues in future?

Attorney says as soon I use the Advance parole my H1B process will be abondoned. And also I need to work on EAD with Company B going forward. Will I be able to switch back to H1B in future if required.

Thanks.
 
you can maintain AOS and H1 status simultaneously. Just because you entered on AP does not invalidate your H1. I've heard that before but it is not true. You can travel on a valid AP.
 
I read somewhere if your current H1 has expired and H1 extension or transfer is pending, you should not travel overseas, otherwise H1 approval will not have I-94. Please ckeck with some competent lawyer.
 
My H1 my previous employer( and I94) is valid upto Dec 2006. My Attorney is strongly recommending not to go as it may cause RFE and questions during I485 interview if any.

I am very confused. If possible I would really like to make this trip. Any advice?

armie said:
I read somewhere if your current H1 has expired and H1 extension or transfer is pending, you should not travel overseas, otherwise H1 approval will not have I-94. Please ckeck with some competent lawyer.
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best to travel after approval, as any travel while application for

extension of stay is pending makes the application abondened, or lead you to go for stamping at consulate
h1b2ndterm said:
My H1 my previous employer( and I94) is valid upto Dec 2006. My Attorney is strongly recommending not to go as it may cause RFE and questions during I485 interview if any.

I am very confused. If possible I would really like to make this trip. Any advice?
Click to expand...
 
WorryForGC said:
extension of stay is pending makes the application abondened, or lead you to go for stamping at consulate
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No, petition is not considered abandoned even though one travel during petition for extension of stay is pending. INS in those days mentioned "current service policy does not preclude an alien from traveling outside of the US while the request for an extension of temporary stay is pending".

If one travel during COS is pending, it is considered abandoned, though.
 
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Thanks

Thank you all for your valuable inputs.Attorney scared me and consulting firm enough, I decided to travel only after the approval. But I Sure wish I could travel now though. :mad:

GotPR? said:
No, petition is not considered abandoned even though one travel during petition for extension of stay is pending. INS in those days mentioned "current service policy does not preclude an alien from traveling outside of the US while the request for an extension of temporary stay is pending".

If one travel during COS is pending, it is considered abandoned, though.
Click to expand...
 
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