Need immediate help with AP

[kr2002]

Hello All

Wanted to check if anyone had been out of USA without AP and I485 pending? The I 131 document says that I dont have to apply for AP if I have a valid H1B VISA and my spouse has a valid H4B VISA. Did anybody face any issue when you travelled abroad without this document, either in your home country or while entering US?

Thanks

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Extract from I131 instructions
---------------------------
NOTE: If you are in the United States and wish to travel
abroad, you do not need to apply for advance parole if both
conditions described below in numbers 1 and 2 are met:
1. You are in one of the following nonimmigrant categories:
a. An H-1, temporary worker, or H-4, spouse or child of
an H-1; or
b. An L-1, intracompany transferee, or L-2, spouse or
child of an L-1; or
c. A K-3, spouse, or K-4, child, of a U.S. citizen; or
2. A Form I-485, Application to Register Permanent
Residence or Adjust Status, was filed on your behalf and
is pending with the CIS.

However, upon returning to the United States, you must
present your valid H, L, K or V nonimmigrant visa and
continue to remain eligible for that status.
-----------------------------------------------------

 

[grunggy]

YOU DO NOT need AP if you have a valid H-1. You can enter on that with no problems.

 

[kr2002]

Thanks for the quick reply

How about for the spouse who has started to work on his/her EAD? DO we have to apply AP for them?

 

[sisukapalli]

How about for the spouse who has started to work on his/her EAD? DO we have to apply AP for them?


Yes, you have to get AP for the spouse. To the best of my knowledge, the H1 becomes invalid as soon as the EAD is used.

S