How safe it is to traval on AP with AOS with 245 i/k case pending?

P

Puru

Registered Users (C)
Hello. We have applied for AOS(employment based and I am the primary applicant). My wife filed under 245i and I filed under 245k (on the fact that period of my unauthorized employment does not exceed 180 days). We have all the Receipts as well as AP.

My lawyer says we can travel and we don\'t have any issues of being bar to enter US for 3 to 10 years since I was out of status less than 180 days.

We are concerned. Please advise...
 
AP is for that purpose..

Having a AP means that you should be let in no matter what category you are applying in. In the remote possibility that the case was adjudicated whilst you were away, you will be asked to go to the local INS office within 14 days that is all.
 
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Thanks jaxen!!

Couple questions?

1) Our concerned is, will we have any problem at POE for being out of status for less than 180?

2) How do they count the 180? From I94 expiration date to RD/NE or EAD approval date?

Thanks again!!
 
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