Travel on AP
- Thread starter saibhan
- Start date
EAD is not for travelling, it's for working in the US. Only the Advanced Parole document is for travelling.
There are no real restrictions as long as you have your AP in hand before you travel, and you return to the US before it expires to resume processing of your I-485 application.
Were you on H-1 status? Why are you bringing up H1?
There are no real restrictions as long as you have your AP in hand before you travel, and you return to the US before it expires to resume processing of your I-485 application.
Were you on H-1 status? Why are you bringing up H1?
I am in a similar scenario - had H1 which expired in 12/07 - it is filed for extension. However I have my EAD and AP. I have not switched to EAD yet. I need to travel overseas in two week - can I use my AP and not even bother to tell them about my pending H-1? Would doing so automatically void my pending H-1 petition? What are the other legal issues with this?
Any help and guidance is much appreciated.
navik_pathak
Registered Users (C)
my 2 cents....i think your Pending H1 will not be voided ..you can get your H1 and get stamping on H1 than retain your H1 status its like switching back to your H1 if you get stamp.
I just came back from India on AP. The officer asked me what was my status before AP i told him that i was on H1B. He did not ask any further question. It was smooth rentry with AP for me and my famlily.
GCUSA101 - You can use AP.
You can use AP to re enter & that would not void your pending H1. I can't think of any other legal issues too. Have a good trip.
You can use AP to re enter & that would not void your pending H1. I can't think of any other legal issues too. Have a good trip.
The USCIS issue AP for the purpose of traveling and coming back during its validity time suppose your pending I-485 in good status (not denied by USCIS, not revoked by employer, ....etc). One of the things which could jeoperdize your pending I-485 and subsequently your AP is to get RFE when you are abroad and not to respond wihin certain time fashion (mostly 30 days).
Thanks Guys - to make it a little more complicated, I need to go to UK for work. Now I have an expired H-1B and I am in US - so UK would not give me a visa unless I have a valid US visa (not even the approved petition!). What about if I show the AP to UK embassy and get the UK visa - go out to UK; start the premium processing for my H-1 and ask my lawyer to mail it to UK; get the H-1B in UK and come using the H-1B.
Additionally, even if I don't go through all this juggernut, are you guys saying that I don't need to use my EAD card to use my AP? Basically I can be in the H-1B status and use my AP to go in and out of US without ever getting the H-1B visa stamped or change my I-9 to be on EAD?
Sorry for my complicated question, but hope you experts can shed some light..
That's right. Traveling on AP does not mean that you are abandoning your H1b application. It just means that you are re-entering the country while your AOS app is pending.
Re-entering on AP also does not require you to start using the EAD after you return. You can be still working on your H1b, for which you have an approved petition, but may not have a H1-b stamp in the passport.
This favorable law is like a drop of rain in the middle of sahara ... enjoy
ravipadaki
Registered Users (C)
Gurus, Could you pl. advise me on my wife’s situation for re-entry to US? I would really appreciate your feedback. Below are the details.
My wife received EAD and AP in 10/2007 based on my pending I-485 application. Meanwhile, she got her own H1-B in 10/2007, but she did not work on her H1-B as she didn’t find any project through her consulting company (she is on bench since 10/2007). We are planning to go to India for couple of weeks and NOT planning to get visa stamped at US embassy. My question is as below.
1. As she is not having any pay stubs from her consulting company, is she considered out of status right now even though she is holding EAD and AP based on my pending I-485 application?
2. Can she come back to USA on her Advanced Parole based on my I-485 application?
3. I will be using my AP for re-entry, meaning I will be also on parolee status. After coming back from India, can I apply for her visa transfer from her H1-B to H4?
4. Anyone foresee any issues while we come back from India?
Thanks in advance for your help.
My wife received EAD and AP in 10/2007 based on my pending I-485 application. Meanwhile, she got her own H1-B in 10/2007, but she did not work on her H1-B as she didn’t find any project through her consulting company (she is on bench since 10/2007). We are planning to go to India for couple of weeks and NOT planning to get visa stamped at US embassy. My question is as below.
1. As she is not having any pay stubs from her consulting company, is she considered out of status right now even though she is holding EAD and AP based on my pending I-485 application?
2. Can she come back to USA on her Advanced Parole based on my I-485 application?
3. I will be using my AP for re-entry, meaning I will be also on parolee status. After coming back from India, can I apply for her visa transfer from her H1-B to H4?
4. Anyone foresee any issues while we come back from India?
Thanks in advance for your help.
That's right. Traveling on AP does not mean that you are abandoning your H1b application. It just means that you are re-entering the country while your AOS app is pending.
Re-entering on AP also does not require you to start using the EAD after you return. You can be still working on your H1b, for which you have an approved petition, but may not have a H1-b stamp in the passport.
This favorable law is like a drop of rain in the middle of sahara ... enjoy
Thanks much - appreciated all your help!
nkimmigration
Registered Users (C)
Hello Guru's,
I just got the AP approval from legal, but the document is not I131, it is I-512L. Is this right?
Sorry if am being too cautious, but this is my first AP.
Thanks and Appreciate all the guidance,
I just got the AP approval from legal, but the document is not I131, it is I-512L. Is this right?
Sorry if am being too cautious, but this is my first AP.
Thanks and Appreciate all the guidance,
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