need advise regarding travel without AP

W

waitingforbreak

Registered Users (C)
Folks,

I have EAD but never used it yet. My AP expires in a month, I need to know if I absolutely need AP in case I have to travel abroad or if I can do so on my H-1B visa (valid till Jan 04). Similarly my wife has her H-4 valid till 04. When I asked my lawyer the same question I got two different versions (one was from her assistant). So I am unable to make up my mind. Please help me here, people who have been the same boat as I. :confused: :confused:
 
As per INS website, AP is absolutely required for travel while I-485 is pending. It is also mentioned that there is an exception to this rule for people on valid H/L classifications. Meaning one could use H1 rather AP to travel out and come in during pendancy of I-485.
 
Thanks goodsaint

I did look up in the INS site too. It says, quote

"Note: Aliens holding valid H-1 (temporary worker in a specialty occupation) or L-1 (intra-company transferee) visas and their dependants who have filed for adjustment of status do not have to file for Advance Parole as long as they maintain their non-immigrant status. "

Since I have an EAD yet do not use it does that mean I have maintained my non-immigrant status? My wife has used her EAD to obtain social security number but doesn't work yet. Has she technically lost her non-immigrant status? Appreciate your inputs.
 
No need to use AP till you have valid H1 and use of EAD for getting SSN does not invalidate your H1.

But if your H1 is valid till 4th Jan then don't take risk by going out of US since while coming back at the port of entry officer may not give entry since you will not be having many days for valid VISA. And at that stage definitely you will say that I am in AOS process and then office might ask for AP.

Logically and legally you are OK you have valid VISA till 4th and you can come back on valid VISA till 4th but practically logical thing does not work.

So I would say don't take risk have approved AP in your hand before leaving.
 
vipsha, my H-1 is valid till jan 2004

My mistake. I should've written 2004.

Thanks, I have now arrived at a decision. What with the approval freeze and other future problems that may crop up, I have decided to apply and keep a valid AP in case of emergencies. If I use my EAD I will have to get the AP. I was hoping I would see an approval by now, but..... :mad:

Wish you both a speedy approval along with mine.:cool:
 
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