Travel on AP - Urgent

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blackie

Registered Users (C)
Hello,

I am new to this, and find this to be an excellent resource.

Having applied for an I-485 (TSC) with EAD and AP (RD Sep 12 '02), I am planning to travel in Dec - my need to travel is urgent and unexpected. I am currently on an H-1B, which is valid until 2004. I came here on an F-1 VISA that has since expired. I haven't travelled since then (never got the H-1 stamped).

My questions are as follows:

a) Assuming I get my AP by then, can I travel ?

b) Is my ability to use the AP in anyway contingent upon the EAD approval ?

c) What are the chances that I will get the AP in time.

Thanking you in anticipation.

Regards...

P.S. I have received the I-140 approval.
 
Last edited by a moderator:
No need AP

If you are working for the same employer, on whom you got H1 visa, you can fly with that. While coming back, you stamp your h1 visa on your passport.

If you started using EAD then you need to habe 485 receipt and AP.
 
I DO NOT have an H1 VISA - just the H1B work permit. I came in on an F-1 VISA, got a work permit and haven't travelled since then. Thanks
 
Answers

1. Yes U can use AP for travel
2. No It is not tied to EAD. In fact you can still be on H1 after using AP
3. Depends on service center. See last months' processing times of that service center.
 
SORRY, JAXEN

I thiunk your statement is little confusiing.

Once you use AP, then you are no more H1 visa. You have lost your status on H1. Actually, POE your entry could be denied with just AP that is why you need to have 485 receipt.

You can not have two status hanging in there.
 
Search the archives

This issue has been discused to death.
Only EAD usage invalidates H1. The H visa holder is already holding the adjustee status when the 485 is filed.
There have been 2 instances of forum user who got their H1 stamping after using AP.
 
jaxen and others,

since I posted my last message, I had a chat with my lawyer - she said that I SHOULD wait for my EAD approval to use the AP - she didn't give me a good enough reason... this seems counter-intuitive, and i am more inclined to believe jaxen on this issue... i would think that, since my work permit was valid until 2004, theoretically i NEED NOT have applied for an EAD if I wasn't changing employers, and they would rather be more interested in my 485 receipt than the EAD approval...

the question is, should i thumb my nose to the lawyer, follow jaxen and travel if the AP comes through before Dec 9th irrespective of the EAD approval, or am i taking a serious risk...

cheers...
 
my 2 cents

What my lawyers told me was not to use AP when on H1. I got my h1 re-validated in India and entered US using H1.
 
since the last post, "apparently" my AP was approved and mailed on Nov 14th (as per the website). no news on the EAD yet. the more i have researched, more conflicting information has come my way about NEED for EAD for travel.

my lawyer has not been helpful and has been trying to tell me that its a crime that i didn't travel and pay a visit to a consulate in the last 5 years (my F visa expired in '97)

my questions are as follows:

a) can i locally apply for an emergency EAD BEFORE 90 days ?
b) if i miraculously "get" the EAD before my proposed travel date, do i need to "use" it for it to be effective ?
c) will i be able to apply for an H visa in my country of residence(its my first), with a pending EAD (dual intent ?!!) ?

much obliged...

PS: if the post sounds frustrating, its simply reflecting my desperate NEED to travel...
 
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In the same boat but with a different paddle

Hey Blackie,

My F1 expired in 1997 and I never went out of the country after that. The last time I went was using Practical Training EAD and a document from your school.

After that I started working on H1 but never got my Passport stamped with H1.

Now, changed companies, working on EAD, has AP and going on vacation...

Now, coming to your scenario, If you have not changed companies,,, chill out man.. One thing I got to ask is do you still have the I94 that you came with... Even though you have filed for your AOS and filed for EAD/AP and all that.. I would say snub your nose to your lawyer and take Jaxens Idea...

But, if you get into a fix,, If I am going out of the country.. no ones gonna ask you what you are doing but while reentering.. If you are still on H1 and you donot have a stamp then I would suggest you to take your H1 Paper work and if you got to get a stamp in your passport then you can go to your nearest consulate and get it done..

You know what I mean!!!...

-- CHILL OUT.. everything will out..
 
Jaxen and Gurus please answer..travelling with AP

Jaxen & Gurus,

I am planning to travel India using AP.
Do I need any transit visa for changing connection flights in Frankfurt, Germany and London and Dubhai.

Please answer anybody who travelled using AP..

Thanks
Anamica
 
Blackie, How is this a crime?

blackie,

Did your attorney elaborate on what she means by this...

"my lawyer has not been helpful and has been trying to tell me that its a crime that i didn't travel and pay a visit to a consulate in the last 5 years (my F visa expired in '97)"

I have come here on a visitors visa and changed to H1 and have not gone out of the country for more than four years. Awaiting 485 receipt and AP.

Is there something in this scenario that will affect my AOS.

Thanks

Rsur
 
Blackie,
Not at all, if you have been in legal status all along --without a break B1/B2--H1.
The visa stamp is required only when you travel out of the country and wish to reenter.
 
AP, EAD and H1 visa

First of all, EAD is not needed anywhere for you to travel in/out of the country using AP. I-485 receipt might be asked when you enter port of America. Then why does your lawyer worry about your AP/EAD issue? It is because your H1 will be automatically invalidated when you enter US using the AP. Since your H1 is invalid now, you can't work for the company before getting EAD. It will be illegal to work if you don't know this complicated matter.

You could either get H1 visa stamped abroad and enter US using H1 visa and work on H1 visa ( in this case, AP and EAD is useless). Or travel out/in America using AP but don't start working until get the EAD approved.

You obserlutely don't have to stamp H1B visa for any reason as long as you stay in America.
 
Thank you all for your responses.

abchoudary,

Thanks...

RSur,

Please don't take my statement literally - I was venting and quoting my lawyer who has a penchant for histrionics. I apologize if I have caused you any discomfort. Please do not worry about your situation - YOU ARE FINE.

Anamica,

It depends on your layover and period of stay.

c4naperville,

I agree with your argument that I can travel, but cannot work on return, if my EAD is not approved. So if my employer decides to terminate me for lack of employment authorization, is the 485 process nullified, and I am, for lack of finesse, royally screwed ?!

Much obliged...
 
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