Pending NC - H1B or AP

E

ethanwow

Registered Users (C)
I-130 is approved and had an interview at the end of February. AOS is pending on background check.

One question - since I am still working for the same company which sponsored my H1-B, can I travel with H1-B?

Or I will need to apply for AP? Any risk of traveling while AOS is pending?
 
Thanks for your reply. I forgot to mention that my I-94 was taken at the interview. Will I still be able to use H-1B visa for traveling?
 
Thanks for your replies. My lawyer advises me to apply for AP and it is really bugging me.

On the filing instruction, it does say:

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.........

2. A Form I-485, application to register permanent residence or adjust status, was filed on your behalf and is pending with the USCIS.

My question is - Is there a difference between I-485 filed based on I-140 and I-130 (because mine was filed based on I-130)?
 
Makes no difference whether your I-485 is I-130 or I-140 based as far as your question is concerned. Since you have a valid H-1B visa you can travel on it. Have a fun and safe trip.

ethanwow said:
My question is - Is there a difference between I-485 filed based on I-140 and I-130 (because mine was filed based on I-130)?
Click to expand...
 
Thanks. I talked to USCIS Customer Rep and was confirmed that I could travel with a valid H-1B visa.

However, I was told that I need to request original I-94 back to leave the country. :(
 
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