Going to India without AP/EAD and no H1

B

baba_style

Registered Users (C)
Gurus
Pls advise me. My case is i will be finishing my 6 years tenure on 11-8-2002 and i applied I485 on Aug 24th 2002 and got FP last month. I also applied for H1 extension on Aug 1st 2002. Due to some urgent domestic reasons my wife and I is leaving to India on Oct 30 2002 and coming back on Jan 7th 2003. I have made arrangements with my friend that he mail me the EAD/AP to India
and H1 Ext paper as soon as he gets. I am willing to wait in India till i get my EAD/AP or H1 ext whichever comes first.

As i am waiting for my AP and EAD (which can come any moment) my lawyer is advising to wait till you get EAD/AP.

My question is ,
1) is it illegal to go outside US without having EAD/AP and H1 Ext. on hand.
2) If i come back with AP/EAD, will we face problem at US immigration?

Thanks in advance

Baba
 
Sending H1 is OK. But, you cannot use AP this way. AP has to be obtained (or approved) before departing (it may result in 485 termination)

You should be aware that H1 extn. takes long time (sometimes), so prepare to stay there for months.

On the other hand, if you can document the emergency, you can get AP from local INS.
 
wait for AP before travel

I feel, It won't be favourable to travel out of the country without AP/Valid H1. AP is valid to use, only if you use it for departure also. So, even if it is approved while you are in India, it cannot be used when you are back. Especially the security measures are very high now. But you can stay in US as long as your AOS and H1 Extn are pending. Now a days AP approvals are very fast, so you can get it soon. Or you can try for AP, through local office on real emergency. This is just my thought, confirm with your lawyer before making any decision.
 
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Your 485 will be abandoned if u go out of country without H1 and without AP then u have to reapply for CP. so document you emergency and get AP from local office.
 
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The best thing for you will be take the I-485 and AP receipt to your local office and explain them the reason of emergency travel.

They will issue you the AP within a hour.

But leaving USA before AP, Just imagine if you get an RFE against any of the application, then what option do you have ?
 
just a note. you must have a documentary proof of the emergency. INS local office will unlikely issue AP without it.
 
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