Gurus , Please advise on our travel on AP? or H1B? - Urgent

S

soumika1

New Member
Hi guys & gals,

After coming to USA in 1998 I never visited India and currently in I-485 process. I have my H1B Visa stamped on my passport till March 2003. And also I have EAD and Advance parole. I need to go to India on very important work.

When I come back to USA. what I need show Advance Parole or H1B visa.

If I show H1B Visa does it matter whil I applied for AOS.

Please advise.

Thanks in Advance for your comments
 
If you are still working for the same company that sponsored you and applied for your H1B visa and if you have not worked for any other company using your EAD then you are still in valid H1B status and should be able to travel with the visa stamp. This is my case too and I travel every once in a while internationally. This is what my lawyer's assistant wrote per email when I asked the same question.

"You can continue to make overseas travels with your H-1B provided that (1) you are in valid H-1B visa status, (2) have a valid
H-1B visa stamp, and (3) are travelling with the I-485 filing receipt."

Enjoy your trip!
 
Use your H1b

If you have your Valid H1B stamped on passport then use it while entering USA, I did the same in March had AP but used my H1 to re-enter , does not affect you I-485 at all , my case got approved on 18th oct,Passport Stamped . Enjoy your trip use H1


If you had used EAD to Work then you will have to use AP to re-enter .
 
Soumika,

If you are expeciting your 485 to be approved while you are travelling, then carry your AP with you. Because if your 485 does get approved while you are outside the country, you will have to enter the country based on your AP instead of H1.
 
jlalwani,

I am expecting to fall in same situation. Me & my wife have all documents necessary to enter US using H1/H4 visa. Our I-485 is pending and my EAD/AP is also pending. My AP may not get approved by the time we want to enter US. However, our I-485 may get approved.

I am wondering is it mandatory to use AP if our I-485 get approved? We are unable to use AP as my wife is in India now. What are the consequences if we do use H visa while our I-485 got approved. Will it create problem at GC stamping? Any suggestion how we can avoid that would be greatly appreciated.

Thanks in advance.
 
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