Travel on H1 while 485 is pending!

A

anikollas

Registered Users (C)
Hi every buddy,

Could any one let me know if its safe to travel on H1 while my 485 is pending. Applied for it in June and planning to travel India in November. I have my H1 valid till April next year, and am working currently.

Can I travel with out AP?

Have applied for EAD with 485.

Any input is appreciated.

Thanks.
 
You should be fine as long you are keeping your H1 status and H1 Visa valid.

I would apply for AP anyways for just in case... It's only $110

-Naved

I am not a lawyer... this is just a suggestion!
 
Ignore bkd52 comments

You need AP only if you have an EAD Card and your employer is using EAD in your I9 form instead of H1 status.
If your employer has you on H1B status... you can travel on H1 status.. there is no need to show EAD card or the Advance parole.
 
Thanks every body for the input!

As I have applied for EAD and there are chances that it may get approved before my Travel, Does the IIO at port of entry knows if I have EAD and create problem? I am not planning to use EAD till my return . I will be working on my H1 till my trip completes.

Any help?

I know its a matter of $110..But still I wanted to know the fact.
 
bkd52 you are totally misleading people. Like the other poster said unless you are using EAD there is absolutely no need for AP. You can travel a zillion times in and out of the country on your valid H-1 status while your 485 is pending. Officer at the port of entry only cares if you have a valid visa to enter the country be it H-1 or AP. Totally depends on your status. So if you have EAD apply for AP, if not just use your H-1 multiple for travelling.
 
AKM485

O.K. so I guess I was off on the answer!

By the way, AKM485........What is Form I9. Do you mean the Tax Witholding form??
 
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anikollas

"Does the IIO at port of entry knows if I have EAD and create problem?"

No, merely having EAD does not create any problem, it is like medical insurance - it doesn't mean you are ill!

If you are already in H status, have an EAD, but never used EAD, you should be fine. Make sure that you have a valid H-1 visa stamp in your passport (and not just the H-1 approval notice) when you re-enter.
 
bkd52 - I9

I-9 form is a form which you (and eventually your employer) have to fill out when you start your employment. It basically requires the proof on which basis you are employed. e.g. EAD, H-1, Passport (if citizen), Green card etc. This is required by law, and employer can be punished for a false information.

The information on the form can be changed by submitting anotehr form. e.g. you are on H-1, and now wants to be on EAD, you need to fill out I-9 again and submit to the employer, who then signs and forwards to the govt. agency, this is how your status from H-1 to EAD will be considered changed.
 
I-9

Immi-007

Can you clarify this to me if you can ?

Is it necessary to re-submit I-9, making EAD the basis, immediately after the expiration of H-1 6years ? I think it is not necessary to apply for 7th year extension.

Thank in advance.
 
immi007,


Thanks very much for the information. I was looking for that exact information.

Thanks again..
 
H1/H1 visa vs EAD/AP

I think there are 2 conflicting views about the usage of EAD depending on your lawyer...

1) If you have a valid H1 status and once you use your EAD, even for a part-time secondary job, then you have supposedly lost your H1 status and you need EAD/AP to work and travel.

*** Versus ***

2) If you have a valid H1 status and you use your EAD for lets say a part time job, then you still have NOT lost your H1 status!!! Unless, of course, you use AP to travel or you start working for another employer full-time without H1

-Naved.

I am not a lawyer... This is just a suggestion!
 
I-9...

I always thought I-9 is a weird document...

Let me give you an example (if I recollect correctly)...

If someone can produce just a driver's license with a SSN card this should satisfy I-9 requirement to work!!!

Sounds like Immi007 really did over emphasis on I-9.

-Naved.

I am not a lawyer, this is just an observation.
 
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