travel on AP while H1B is pending

[485NSC]

Dear friends:

we have the following situation: My husband's current H1B is going to
expire by Dec.31, 2005, the employer is going to file the petition of
extension for his current H1B.

I am also holding H1B1 which also expires on Dec.31, 05. I need to
switch from one group to another under the same employer. But, I will
need to apply for the new H1B and the employer is going to file the
premium processing.

we are planning to travel to Europe on Advance Parole on December and
come back before Dec.31, 2005. At that time, my husband's extension
application will be in USCIS. My new H1B probabaly is going to be issued
during the time I am traveling. Will that affect my reentry to US? How
about if my H1B extension is granted before I reenter US? Can we still
use AP to enter?

Thanks!

 

[jaxen]

You can use AP to enter anytime.
But this is not a good time to travel nor is a good time to renew H1 and use AP to re-enter. You are taking a risk. The reason is the expiry dates of current H1s.
What if H1 renewal is rejected when you are out of country? In that case the AP also becomes suspect to rejection at Port of Entry.
I would suggest you secure atleast one H1 renewal before travelling out of US, so that you have a backup.