IS IT SAFE TO TRAVEL ON AP?? --Need Advise.

P

Puru

Registered Users (C)
Folks,

I need your advise. My H1B expired on end of June 2001 and applied for the extensions for time spent out side the USA (Received RFE on November 15th). In the mean time, My I-140 got approved on mid October and submitted the I-485 application on early November(I-485-RD is November 8th). Since we applied for I-485 with EAD,upon my attorney\'s advise we declined to send RFE for H1B case. I was recently told by my Boss that I may need to start traveling beginning of March out side the country which my Attorney says It is OK to travel since I am not out of the status more than 180 days (only out of status 130 days, June 30 to Nov 8.)

Question is "can I travel with Advanced Parole (if I-485 papers are
submitted before 180 days being out of status) with out having any consequences of being bar to inter USA for reason being out of status for some time. I know there is a rule of 3 to 10 years bar or more than 180 days and 1 year out of status.

And, also how safe on traveling with AP?
 
One of my co-workers is in the same boat.

Her H1 expired on April 30th, she apllied for AOS along with EAD and AP on July 10th, she got her EAD on Sept. 26th. It is about 145 days between h1 expiration & EAD approval. Her lawyer said she should be Ok under 245(k).
 
No Title

Is It 180 days from H1 Exp. date to EAD approval date or AOS/EAD/AP applicaton received date by INS?
 
It\'s your EAD approval date

If you are working.........By applying for AOS, you\'re legally allowed to stay in this country but unless you\'ve a valid H1B or EAD you are not allowed to work..........If I were you I wouldn\'t travel at least till I get my EAD.......because now you\'re not legally supposed to work......Though AP alone is sufficient to travel, you really don\'t want to take a chance...........
 
You must log in or register to reply here.
Top