Can we Travel when I-131 is pending??

[american_desi]

Guys:

RD 4/15/2002
ND 4/18/2002

Soley on Adjustment status. H1B expired last year.


Me and my wife first AP till 7/2003. We have applied for AP/EAD extension last week (haven't gor the receipt though).

My question is if my wife travel to india and returns by july first week (1 week before the expiry of current I-131), will that abondon her new AP application (applied last week)?

Also will it hurt 485 process (don't think so)???


Thanks
American_Desi

 

[akaman]

You should be Okay

We had travelled on our Existing AP, at the same time our applications for Extension of AP/EAD were pending with INS TSC.

We reentered USA before the expiry of existing AP, and nothing changed.. we got our renewals.. 485 processing did not stop (Actually 485 processing never started.. ).

You can reenter USA without any problems or effects to your cases : If you have your AP (which you will use to reenter) before leaving.
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I mean, say your current AP expires 7/14/03 and you have filed for exten.
You have to travel and have to stay beyond 7/14/03. You have not got your extention approved yet.
You descide to continue any way and make arrangements for you to get your new approved AP by some means say friend mails it to you.. then you actually did not have AP which you will use to reenter, when you were leaving the country.. so you might be in trouble.. (because your current AP has expired.. and you did not have a new AP before you left the country.) .. If the approval date of AP was 3-4 days prior to you departure day then you can still manage by saying you carried new AP with you.. But if it is later than your departure date or within a day or 2.. then????

It is a different scene when AP was requested and approved for a person who is already outside USA (It is possible).
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I do not want to confuse but wanted to let you know since your return was very close to you current AP expiration.. You cannot afford to miss flights.. or .. extend your vacation.. etc..