travel on H1 without AP while I485 pending

J

jd imm

Registered Users (C)
Hi All ,
My I140/485 EAD , AP applications are/(will be) submitted this month at TSC. Iam traveling to India in a couple of months , its certain(can I?) that I'll not get AP before that time , but I still have my H1(stamp) valid till early next year . Iam planning on traveling on H1 and be back before the H1 expiry date . I was pretty sure that I can use my H1 for traveling without AP but a friend on mine (who is also in the same situation) said I cannot . Wanted the Gurus opinion on this .
Thanks
jd
 
Related question

Thanks for your reply ginnu,

But I do have a related question, which is, what if someone changed status and does not have valid stamping for the new status ?

Here is the situation - Wife entered US on H4, changed status to H1. I-485 applied in August, 2003. (I am primary applicant, she is derivative) She needs to travel out of US. AP is not yet approved, and likely will not be by the time she has to leave.

Can she enter on her H4 (valid till Sept 2004)? I know this means her status will be back to H4, but we anyway plan to move her back to H4. Apart from status changing from H1 to H4, are there any potential issues on her entry into US ?

Any inputs on this will be appreciated.

Thanks.
 
Yes I have

Actually I have spoken to my lawyer, and he said it is OK for her to travel. I just wanted a 'second opinion' if you may !

Not that I don't trust my lawyer (?!) but just for my peace of mind, I wanted to hear other views on this matter.

Thanks.
 
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related question

I was reading another post answered by ginnu where he was advising someone of not using a AP if it was approved while that person was not in US .
1 . Is it ok to use the AP if we apply then travel and its approved after we come back ?
2. And to confirm what I read/understood , Its NOT ok to use the AP if we apply , travel and its approved before we return ?
3. Do we need to update our information (like new I-94 no , port of entry etc) with BCIS once we come back ?
Thanks
jd
 
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