Pending AP/H-1 question

[skarthi]

Hi, i was aware that one could either use an AP or a valid H-1 to re-enter the US. But, when i've applied for an AP and it hasn't come in by the time i need to leave the US(am travelling Oct end), could i still leave for india ? i DO have a Valid H-1, though i need to get a fresh stamping. I'm in two minds, whether to file for an AP right away and hope that i get it before i leave or just re-enter based on my new H-1 stamp and file for an AP after Oct. Someone recently told me that i could not leave the country while an AP was still pending. Is this true ? I'm just about to file my 485 the coming week. Appreciate your replies on this. Thanks.

 

[ginnu]

Hi, i was aware that one could either use an AP or a valid H-1 to re-enter the US. But, when i've applied for an AP and it hasn't come in by the time i need to leave the US(am travelling Oct end), could i still leave for india ?
---YES, you need approved AP in hand before you depart US if you want to use AP for reentry to US or Get H1 Visa stamp and enter on H1 status
i DO have a Valid H-1, though i need to get a fresh stamping. I'm in two minds, whether to file for an AP right away and hope that i get it before i leave or just re-enter based on my new H-1 stamp and file for an AP after Oct.
----- you have to decide that, if I am in your situation I will file AP ASAP becase if anything wrong goes with H1 stamping I can come with AP
Someone recently told me that i could not leave the country while an AP was still pending. Is this true ?
------ you CAN leave the US but you cant use the AP if it is NOT approved before you depart US
I'm just about to file my 485 the coming week. Appreciate your replies on this.
---- file I-485, EAD AND AP
Thanks.