I-485 pending, I-94 expiring, need to travel

[Sridhar Chatradhi]

We filed for I-485 on 11/26/01. We also filed for EAD and AP. My I-94 is valid till March 29th 2002 though the 6 year period would end
   in Dec 2002. My employer is ready to file for extension. I have given all the papers required for filing extension. My brother\'s wedding is
   on March 1st in India and I want to attend that with my wife (on H4). I heard that once we file for extension we should not travel.
   1. First of all can anybody advice if it is legal to complete my travel on the H1 Visa before March 29th after filing for extension while
   I-485 is in progress ?
   2. My wife would like to stay longer. Can she leave the country in Feb and return when EAD and AP are approved.
   3. Is premium processing available for filing extensions also ?

 

[EkGCChahiye]

Reply to yr travel questions against EAD/485

My lawyer says-
1. If EAD is applied and is not approved yet, then a new I94 if issued violates EAD application process. ie- If EAD is applied, then going out of country will violate EAD application.
2. Advance Parole is required post EAD acceptance to travel outside US. If Advance Parole is not accepted before you travel, EAD is no longer going to be valid once a new I94 is issued.
3. I485 can be approved without EAD. Hence if you have not applied for EAD, and have just applied 485, then you can go out of country and return back without loss of any processing.

Pls consult your lawyer, but this is what my lawyer says and hence I am following the guidelines.