Help needed for traveling on AP with H-1B extension pending

Q

qm

New Member
I have to travel overseas in early March but my H1 will expire on Feb. 27. I applied H-1 extension but I don\'t believe it can be approved before I depart. I have I-485 receipt and AP but no EAD. So my situation on the travel date is:
with AP, without EAD, without valid I-94(H1 expired, ext. pending). In this cast, can I use AP only to return to usa? After return, can I hold H1 status after H1 extension approved?
I am anxious about if I can make this travel, Thanks in advance for your help.
 
No Title

Yes you can. You can use AP and if you are still working for your sponsoring employer you can go back to H1 after using AP.
 
Thanks jaxen!

I still have one concern, in the FAQ it is saying:
Q3 Who is not eligible for Advance Parole?
   A3 Aliens in the United States are not eligible for Advance Parole if they are:
In the United States without a valid immigration status,
 
On the date I re-entry USA, my I-94 expired(H1 extension pending), is there any trouble?

I am still working for the same company, do you implicit that I am out of H1 status after I use AP but I can change back to it? Thanks.
 
No Title

If H1 is pending you are still in valid status. ANd when you enter you can get another I-94.
Yes you can go back to H1, Consult your lawyer and employer, because it requires their cooperation too.
 
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