Safe to travel while on 140 RFE?

S

srikanthsiva

Registered Users (C)
Is it safe to travel to another country on business while there is an RFE pending? I need to go for about 1 week in early July.

I am not sure whether I am on H-1B or EAD. My H-1B expires on August X, 2005.

I recently left the country in March and came back on Advanced Parole. My multiple entry visa for H-1B expired in Dec 2004.
 
You should not have entered the country on AP when Ur H1b is still valid.
You need another AP to enter the country again ..... EAD is for work only.

I think you enter the country back on H1b again .. it will be reactivated.. then U can extended Ur H1b later.

The risk of going -- I guess U should not be refused I-140 -- as it will invalidate EAD and AP .. But U can still use H1b.



Hope that helps
 
my 2 cents...

I don't see any problem when you responded RFE and it is pending.....

You are on H1 now.. using AP will not change the status. When you use EAD then only your H1 is invalid. As long as your AP is still valid then you whould be able to travel...

If your AP is expired get a new one before you travel.. there is a chance once 140 is approved they may approve 485 also concurrently... that time you have to use ONLY AP to enter into USA.
 
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