Hello-
My H1 expires in mid-Feb 2005. My lawyer says that the extension approval typically takes 4-5 months (yet to be filed). I am planning to go to out of country in early Feb and return in March on Advance Parole document.
- If I leave the country while the extension is being processed, will the petition be abandoned automatically?
- Can I use AP on the way back in and still preserve my H1 status and also the status of the pending application? I have my EAD as well, so I can use that if the H1 is invalidated but I would like to continue working on H1 till the whole GC process is completed.
My lawyer says that the H1 and EAD/AP can be used interchangeably, so there would be no problem but I am still jittery about this. Has anyone faced this situation before? Would highly appreciate your responses.
Thank you!
My H1 expires in mid-Feb 2005. My lawyer says that the extension approval typically takes 4-5 months (yet to be filed). I am planning to go to out of country in early Feb and return in March on Advance Parole document.
- If I leave the country while the extension is being processed, will the petition be abandoned automatically?
- Can I use AP on the way back in and still preserve my H1 status and also the status of the pending application? I have my EAD as well, so I can use that if the H1 is invalidated but I would like to continue working on H1 till the whole GC process is completed.
My lawyer says that the H1 and EAD/AP can be used interchangeably, so there would be no problem but I am still jittery about this. Has anyone faced this situation before? Would highly appreciate your responses.
Thank you!