Is AP necessary no mater what if u travel outside US?

[ha_hk]

Hi
I'm new to this forum.

I'm filing for my I140 and 485 (concurrent) by next week.

I'm planning to travel to india by jan end.

If my AP doen't come thru by jan can i still make a trip to india and keep the GC process going?

My H1 stamping expired but have valid papers of extension
(i still have 2 yrs on 6 yr limit)

Some of my friends say if u have valid visa status u need not have AP.
Go get stamped in india on the H1 and come back in that visa. IS it ok?

Can anyone of you shed some light on this AP issue?


Thanks
ha_hk

 

[PhillyKP]

If you are ok with your status and have a valid stamped visa, you don't need AP to enter.

Make sure you don't apply for AP, though, if you intend to travel to India before it's approved - the instructions on the form state that in such a cse, the application will be deemed abandoned.

K

 

[140_takes_4ever]

If and only if you have used an EAD to work, do you absolutely need to enter using an AP. Otherwise any valid visa can be used.

If you have applied for 485 at the time of travel, then you need to have the original 485 receipt in hand at the port of entry which you need to show to the immigration officer to prevent your AOS case being marked for abandonment.

Also, I haven't come across any case where people have applied for AP and travelled while it is being processed on other travel documents and have had their AP abandoned. In fact people do it all the time. Travel on one AP while the renewal is being processed. The only law firmly looked at is if you travel on an AP which was approved after you left the country. In which case you could be denied entry.