I-485 pending - visa expire - travel issue

R

rsekhark

Registered Users (C)
Hi ,
I have an question regarding my visa. I came to United States on H-1B in june,1999 ,my H-1B validity period that time was from 04/05/1999 to 04/01/2002. In the year 2002 my employer applied for my H-1B renewal and I got an H-1B for period from 04/01/2002 to 08/01/2004. My application for adjustment of status (I-485) was filed in CSC in may,2002 (after my I-140 was approved) and is still pending. I changed my employer after 6 months passed from I-485 filing , Currently I am working using EAD(Employment Authorization). Me and my wife's visa/I-94 is going to expire on 08/01/2004. I don't know if I get my green card by the time our visa expires or not. We both got travel documents which is valid upto 10/26/2004. So now, do I need to apply for H1 extension to renew my visa after 08/01/2004 or can I use travel document for travel outside of the country ?? Can I enter into US using travel document without having visa??. Please let me know if I need to apply for H1 etc. Your help is highly appreciated.
Thanks,Raj
 
Since you are already working on EAD, so your H1 is of no meaning. And you can only travel on Advance Parole. Do file AP again before the current one expires.

Rohani
 
You are not on H1 anymore since you are working using your EAD. Hence there is nothing you need to do with your H1.

You can use your AP to enter the US as long as it is before the expiry date. Take other relevant documents with you when you travel since you could be asked to show them at the time of entering the US:

1. EAD
2. Copy of your I-140 approval
3. Unexpired passport
4. I-485 receipts
5. Employment verification letter ( I have seen some postings here on this forum saying that it might be needed at times)
6. Emplyee Badge or some other identification
 
File for Advance Parole 6 months before expiration of your current one if you plan to travel around October. Forget H1, you're in AOS now.
 
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