Can I travel with AP while H1B extn pending?

A

arv_99

Registered Users (C)
Hello,

Can one travel using AP while his/her H1B extension is pending with INS?


Appreciate your response.
 
I think if your H1 extn is pending and not yet approved prior to your travel, you are advised not to travel until the H1 extension is approved. You can use AP while coming back into US and still maintain your H1 status if you are stillwith the H1 sponsoring employer. If you need to travel immdly, I think you can go for H1 premium processing.
 
Thank you

Thanks for your information. I will be still with H1B sponsoring employer.

Thanks


abcd123_123_3 said:
I think if your H1 extn is pending and not yet approved prior to your travel, you are advised not to travel until the H1 extension is approved. You can use AP while coming back into US and still maintain your H1 status if you are stillwith the H1 sponsoring employer. If you need to travel immdly, I think you can go for H1 premium processing.
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I think it is ok

I travelled using my Valid AP. no one asked for any H1 documents. (only I have to go via Frankfurt to avoid taking Transit Visa.)

If you have applied for H1 (with H1 receipt) then you are ok to continue to work under your H1B...

AP is only for Travel so that you can go out and come back in US while your Adjustment Process is going on..

Still, please confirm with your immigration lawyer...
 
It is not the question of whether you can use your AP to travel or not. AP is used as a VISA to enter into US while AOS is pending. I think any one is debating that. I think the original question was if H1 extension is applied and if some one has to travel, what will be the impact of H1 extn if it is not approved before the travel?
Since H1 extension has your current I-94 number, if it is not approved when a person travels and comes back using AP, he/she gets a new I-94 and the H1 extension will now have your old I-94 where as the person received a new I-94 at the POE as a parolee. This is where the problem comes.
 
Reply from Lawyer

Hello,

I have asked my lawyer same question, she said I can travel using AP while my H1B extension petition is pending. I am not sure how to verify.
 
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