Got my EAD .Can I still travel with H1b stamping?

M

macheri

Registered Users (C)
Hello All,
I applied family based GC.I got my EAD card few days back.I am planning on travelling to India in Nov.I do still have my H1b stamping until Feb 2010.Can I travel using my H1b stamping or do I need to apply for AP?

Thanks
 
EAD has NOTHING to do with your travel plans - it's not valid for entering US. So, as far as traveling goes, EAD makes absolutely no difference.

If you have applied for AOS (485) then leaving US without AP means the 485 is abandoned.
 
macheri said:
Hello All,
I applied family based GC.I got my EAD card few days back.I am planning on travelling to India in Nov.I do still have my H1b stamping until Feb 2010.Can I travel using my H1b stamping or do I need to apply for AP?

Thanks
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Don't make the stupid mistake of using AP to enter US if your H1B status is good and never used your EAD. Once you use the AP your H1B status is lost. I did the same mistake but luckily got my GC.
" I am not a legal advisor and use my advice at your own risk"
 
VisaNutz said:
Well, I didn't say he couldn't return to US without AP. What would happen to his 485 if he leaves US?
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Nothing would happen to his 485, as long as he's not used the EAD. H1B is a dual-purpose visa and one can freely use it to travel during the AOS. I have.

The bottom line is: as long as his H1B status is still valid, he can leave the US, come back using his H1B stamp, and happily continue AOS.
 
ttinatl said:
Nothing would happen to his 485, as long as he's not used the EAD. H1B is a dual-purpose visa and one can freely use it to travel during the AOS. I have.

The bottom line is: as long as his H1B status is still valid, he can leave the US, come back using his H1B stamp, and happily continue AOS.
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Thanks.
 
TheRealCanadian said:
This is also incorrect.
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FYI, The IO at my green card interview told me that since I used the AP to enter US I lost my H1B status, instead of using H1B visa which would kept me in H1B status. I am not a lawyer but I think the IO knows what he is speaking.
" I am not a legal advisor adn use the above information at your own risk"
 
What if i have my interview

Hello All,
What if I have my interview for I-485 with my husband before I travel to India.Will my H1B status be lost?
Can I apply for AP document just incase and not use it?
When I looked up I-131 instruction

Advance Parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United states for a temporary period of time due to compelling emergency.

I am just going to visit my parents.Can I still apply with that reason?
 
macheri said:
What if I have my interview for I-485 with my husband before I travel to India.Will my H1B status be lost?
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If your I-485 is approved at the interview, then yes. But in such a circumstance AP won't help you; you should just ask for the I-551 stamp at the interview.

I am just going to visit my parents.Can I still apply with that reason?
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Yes. The only reason you need for AP is a pending I-485 and a desire to travel. It's no longer for "emergency" use.
 
Thank you for replying

Just to make sure I got this right
1.As long as I have H1b stamping and dont use my EAD.I dont need to apply AP and can travel using my H1b stamp which is valid till feb 2010.

2.If my interview happens before my travel and all goes well.Then at the time of interview I ask the IO to stamp on my passport for travel.

3.Even If I dont want to use AP .I can apply for it and not use it.And once the interview for I-485 is done AP is of no use.It can only be used for pending 485.

Please correct me if I am wrong

Thanks again!
 
macheri said:
As long as I have H1b stamping and dont use my EAD.I dont need to apply AP and can travel using my H1b stamp which is valid till feb 2010.
Click to expand...

Yes, assuming you remain employed with your H1 sponsor.

If my interview happens before my travel and all goes well.Then at the time of interview I ask the IO to stamp on my passport for travel.
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Yes. If your travel dates are more than 60 days after the interview I wouldn't worry too much; card production is reasonably quick nowadays but it never hurts to ask for the stamp. The worst that can happen is that they say no.

Even If I dont want to use AP .I can apply for it and not use it.And once the interview for I-485 is done AP is of no use.It can only be used for pending 485.
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Yes.
 
Got My Interview Appointment

I got my Interview appointment for september 17 2009.Can someone please give me a link or list of documents to take for the interview .


Thanks in Advance
 
I think as long as you don't use EAD/AP, u are still H1B visa. And you can travel with H1b without affecting your I485.
 
I got my I-485 Interview appointment for september 17 2009.I was acutally looking for a list of documents to take for the interview .
Probably I should start a new thread


Thanks in Advance
 
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