Experience: Travel while AP renewal pending

K

kbhalla

Registered Users (C)
I know it isn't allowed - but has anyone left the US while their AP was pending (and prior AP has expired and no H1/L visa exists) and returned after it was approved?

Or does anyone know of anyone who has done the above .. please state the experience?

Except for 1 post on this site I haven't been able to find anyone who actually did it?
 
Kbhalla,
You haven't seen more of such experiences because it is something one should not even consider. What if the AP is held up/denied for some reason and the AOS applicant is already outside the country? Most people will not take that risk.
 
Triple Citizen said:
Kbhalla,
You haven't seen more of such experiences because it is something one should not even consider. What if the AP is held up/denied for some reason and the AOS applicant is already outside the country? Most people will not take that risk.
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I agree and I know that, like you said, most people will not take that risk (neither would I)... but I am sure someone has done it and it would be interesting to hear their experience.
 
I'm confused...

I still hold a valid H1-B notice, my stamp has expired.

I sent an email to my lawyer asking about leaving while the AP is pending and his answer was that

"Travelling abroad while waiting for AP is not abandonment", and that if it is issued while I'm away then I could use it to get back or if that doesn't happen then I could apply for a visa.

Is he wrong about the abandonment comment? Is it really not allowed, as OP mentioned?

Thanks
 
Consider a scenario where the AOS applicant does not have the luxury of having H-1B status. What if that person leaves the US during his/her AOS and fails to acquire an AP? Now if that person cannot re-enter the US, his/her AOS is considered abandoned by USCIS.

Just a word of caution for H-1B holders too. If they re-enter on an AP, they better have an EAD to go back to work :)
 
Triple Citizen said:
Just a word of caution for H-1B holders too. If they re-enter on an AP, they better have an EAD to go back to work :)
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So entering on an AP invalidates my H1-B status?

I'm waiting for both EAD and AP, both over 90 days. I need to travel abroad for a work assignment, I was hoping that AP gets approved and I wouldn't have to apply for a visa, but what you're saying means that I need both to get approved if I want to get back in and continue working, right?
 
Yes, if an H-1B status holder (with a pending AOS) departs and re-enters the US on an AP, then he/she is no longer in H-1B status. So if he/she wants to return to work, he/she needs an EAD. The one upside is, he/she can then work for anyone.
 
Yes, makes sense.

I'm surprised my piece of **** lawyer didn't say anything. He simply said that you could travel and get back on the AP or get an H1-B... he knows I still didn't get my EAD.

I got an infopass and visited the center the other day to be told that they don't issue temp EADs and to simply go away.

Their website says that I should let them know when 90 days have passed since filing the I-765. Who should I be talking to if not the guy at the local office.
 
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