Travel on I485 pending

T

TrafikLite

Registered Users (C)
I have applied for my I485 and done my FP (7/00). My PD is 01/98 EB2 INDIA
I have a valid H1 till 6/01 and a visa stamped on my passport till 6/01
I dont have an EAD or AP.

Can I travel with just the above or should I get AP ?
Can I get just an AP with out EAD ?

Thanks
 
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Untill you have a valid visa on your passport. You can travel. You don\'t need AP. You can apply for EAD without AP. You need AP only when you don\'t want extension on your H1B or your visa has been expired and your AOS is still pending.
 
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You can certainly travel on H1, but you\'ll need your I485 Receipt notice.
Your second question, i believe, is Catch 22. IYou can get AP without EAD, but if you use AP, then you are paroled into the country, therefore, your H1B is no longer valid. Thus, you need an EAD to keep working.Vice versa.
 
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485/Waiter,

I and my wife are both in 485. We have APs. But only I have a EAD. VSC probably is sending a RFE for my wife\'s EAD. She is currently working on H1 but her passport is not yet stamped. We are planning to go to India. So when we come back, and show our APs - she can\'t cintinue working on H1 ? She has to wait for her EAD or GC. Is that correct?

Thanx.
 
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Correct.
But she can get her H1 stamped in India. And come back on H1 visa.

"This is not a legal advice, do not construe it to be one."
 
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Thanks, 485/Waiter.

But isn\'t it riskier to get stamping done in India ? Any guesses ?

Thanks.
 
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