Need to clarify on EAD and travelling.

R

Raveena2

Registered Users (C)
The company\'s attorney says we need both an AP and an EAD to travel outside US. He even made it sound very risky to travel only with an AP even if you have a valid H-1 but expired stamp.

Have you heard of any change in regs regarding this?

Thanks.

PD 12/99
RD 6/01
ND 7/01
No FP yet.
 
I too had the same issue a few months ago. I actually spoke with one of the senior people at the INS

 just my AP. It\'s best to cover your behind. What my lawyer and the INS both told me was that even though I have AP, how do they know at the POE that I won\'t unlawfully work??? This makes sense, but never have they even posed the question to me about my working or my EAD. For your information, I never had an L-1 or H-1B, just an approved I-140 as an alien with extraordinary ability. I was told that the answer may be different if you have an H-1B or L-1, since these are still valid for work after filing I-485.
 
slightly different case?

how abt if i travel on valid H-1 , no AP, but have EAD..will this cause a prob while coming back from India at port of entry.
 
No

If you have H1, do not show EAD at POE.. Just show H1 and come. If you have EAD, (employed using EAD) then you need AP to travel.
 
My Experience

I went to India with my wife, she did not have her EAD at that time (we had the EAD receipt though). No body asked for anything except for advanced parole document. My lawyer told me EAD for her is not a must for travel.
 
I did both.

I have a valid H1B stamped in my passport and have also applied for my I-485. I also have EAD/AP, but never used EAD. I told the INS officer that I applied for 485 but would like to enter as a H1. He didn\'t say a word.

My wife on the other hand is using her EAD to work as an RA in a University. She had to show her AP (no word about EAD asked) and I-485 receipt in a different counter. No problems again.
 
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