Travel abroad with EAD + AP but no H1B visa

M

mullers

New Member
Hi folks

I am in desperate need of some informed advice...

CONDITIONS:

a) I am married to an American woman, and we have a joint I-130 and I-485 application read to go, including petitions for EAD and AP. We have not mailed the package yet because of uncertainties due to the following:

b) I am currently employed at a university in FL on an H1B, but this contract will expire at the end of August, and my prospects for an amendment in time seem slim. My intention was to move to CA to live with my wife and await my EAD, and forget about the H1B.

c) My university contract is expiring due to funding cuts, but I have long-standing work commitments in South Africa in October, even though my US employment will now officially be terminated by then. I am an academic and these are professional commitments I must honor, irrespective of whether or not I have an official position.

d) My last passport visa (issued on F1 before I switched to H1B) has expired.

QUESTIONS:

1) Assuming I have received both my EAD and AP, can I travel to South Africa in October and expect to be able to return to the US in November using just these two documents and my passport (i.e. no visa)?

OR

2) Do I need to obtain some new visa from the Consulate in addition to my EAD + AP?

AND

3) If I need a visa in addition to an EAD + AP, what visa could I apply for if I have no H1B sponsorship?

I am loath to file my I-485 separately in South Africa considering how close we are to being settled in the US, and the 6-12 month separation it would likely force on us. I guess it really depends on whether an EAD + AP is sufficient for re-entry...

Thank you SO much.
 
*cyberhug*

You just made my world right again!

Thank you!

I have seen that it's possible to (superficially?) expedite the AP process - is it possible to do so for EAD?

Any idea how long these two documents take to process at the moment?
 
You can't expedite the EAd unless you've already been waiting 90 days for it.

Be aware that your AP or H1B must be approved before you leave the US, otherwise your I-485 will be canceled.
 
EAD approval?

Thank you.

What about the I-765 EAD? Must that be approved before I leave or could I have that mailed to me overseas when it arrives?

I understand that the AP must be approved before I depart. (I am not applying for another H1B).

Is the biometrics appointment for the EAD or the AP? I seem to recall for the EAD, so I guess I would have to be present in the country for that... or would they let me do that overseas if necessary?
 
EAD has nothing to do with travel. It can be approved when youre outside the US and it would still be valid. It's the AP which ties you down until it's approved.

Biometrics will be about 2-5 weeks after your application arrives at USCIS, so that would happen before your AP approval.
 
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