Can I travel out of country while H1b extension filed and 485 in process?

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dcmetro22042

Registered Users (C)
I plant to go out of country in Jan. My current H1b expires Dec 15th and I plan to send for renewal within 2 weeks. But I am assuming that it shall take over 3 months for renewal. Since I am filing for extension, I plan to stay on H1B (8th year).

If I use AP to enter US (since 485 is pending and I have valid EAD and AP), am I then entering on EAD or H1B? Ask this Q since H1B renewal shall be in process and is retroactively from the date of expiration. If I end up entering on EAD...I shall be wasting money paying for H1b renewal. I would like to stay on H1B.

I would appreciate a response back soon. Thanks.
 
dcmetro22042 said:
I plant to go out of country in Jan. My current H1b expires Dec 15th and I plan to send for renewal within 2 weeks. But I am assuming that it shall take over 3 months for renewal. Since I am filing for extension, I plan to stay on H1B (8th year).

If I use AP to enter US (since 485 is pending and I have valid EAD and AP), am I then entering on EAD or H1B?
If you are using your AP to enter then your future h1 status is in jepeardy. If anything goes wrong with your I 485 you do not have any status in US.

Ask this Q since H1B renewal shall be in process and is retroactively from the date of expiration. If I end up entering on EAD...I shall be wasting money paying for H1b renewal. I would like to stay on H1B. you know the answer. If you want to stay in H1 go for premium process extn
I would appreciate a response back soon. Thanks.
Click to expand...
 
great guru said:
If I use AP to enter US (since 485 is pending and I have valid EAD and AP), am I then entering on EAD or H1B?
If you are using your AP to enter then your future h1 status is in jepeardy. If anything goes wrong with your I 485 you do not have any status in US.

Ask this Q since H1B renewal shall be in process and is retroactively from the date of expiration. If I end up entering on EAD...I shall be wasting money paying for H1b renewal. I would like to stay on H1B. you know the answer. If you want to stay in H1 go for premium process extn
I would appreciate a response back soon. Thanks.
Click to expand...

I am not so much worried about 485 at this point but more about your 2nd comment. even I were to go for premium processing, I shall still not get h1b visa. I shall still enter on AP. Does that change your answer or does one have to possess a valid H1B approval in hand and then still enter on AP or when entering on AP you don't have to say whether you want to use EAD status or H1B status? Thats what my real Q is I guess.
 
Same Situation

I was in the same situation.
I filed for H1B Exten in premium processing.. Once I get approval
I will travel using AP. I have travelled before using AP and as per my lawyer it is ok to use AP.. it does not change status as long as I have valid H1B.

But he did advised me not to travel when H1B extention is not approved...
 
Thanks for your comments Sudh. I am waiting for my extension. I did not file premium. What are your dates and location of filing?
 
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