Travel to India on AP while H1/H4 extension is pending

A

aakupachha

Registered Users (C)
Hi All,
Is it safe to travel to India and enter US using AP while our H1/H4 are pending? I recently changed to a new company, which applied for new H1 and H4 extensions. These are still pending. But I would like to travel to India and come back on valid APs. Will it cause any problem? Will our H1/H4 will be approved? Will they be valid even if they are approved?


Thank you for all your help in advance.
 
Need ur reply

Hi, I have same situation, did your H1/H4 got approved after you entered using AP and your H1/H4 extension was pending ?

Please advice ...

Thx

aakupachha said:
Hi All,
Is it safe to travel to India and enter US using AP while our H1/H4 are pending? I recently changed to a new company, which applied for new H1 and H4 extensions. These are still pending. But I would like to travel to India and come back on valid APs. Will it cause any problem? Will our H1/H4 will be approved? Will they be valid even if they are approved?


Thank you for all your help in advance.
Click to expand...
 
aakupachha said:
Hi All,
Is it safe to travel to India and enter US using AP while our H1/H4 are pending? I recently changed to a new company, which applied for new H1 and H4 extensions. These are still pending. But I would like to travel to India and come back on valid APs. Will it cause any problem? Will our H1/H4 will be approved? Will they be valid even if they are approved?


Thank you for all your help in advance.
Click to expand...

When i needed to extend my h-1 and to travel with a valid AP, i was told by both my employer and my green card lawyer that if my current h-1 is valid when i return with my AP, it would be fine. Say, your h-1 will expire on Nov. 10 and you are applying for an extension now. if you return from india before Nov. 10, then you would be fine; if you plan to return after Nov.10, then you had better wait till your extension is approved and then travel..this is just my experience.
 
Help ..

Hi, anyone have experience travelling with AP when H1B extension is pending ?

I would like to hear if everything is ok after come back using AP .. just for peace of mind .. I will travel soon so will need your advice ...

Regards,


fastapproval said:
When i needed to extend my h-1 and to travel with a valid AP, i was told by both my employer and my green card lawyer that if my current h-1 is valid when i return with my AP, it would be fine. Say, your h-1 will expire on Nov. 10 and you are applying for an extension now. if you return from india before Nov. 10, then you would be fine; if you plan to return after Nov.10, then you had better wait till your extension is approved and then travel..this is just my experience.
Click to expand...
 
Traveling isn't a problem. You will be let back into the US with the AP, and your I-485 will continue to be processed.

The question is whether H1B status would be maintained in such a scenario ... and I don't think it will be maintained. If you want to jump back into H1B status right after using AP to re-enter the US, you would have to be in H1B status immediately before you left the US, and return to the same employer to work in the same job.

But if you have an extension pending and the prior H1B has expired, you would no longer be in H1B status; you would be in a "period of authorized stay". So if you leave the US in that pending period, it means you did not have H1B status when you left, and thus cannot jump back into H1B status upon entering with AP.

However, I believe that once the H1B extension is approved, the H1B status is retroactive to the expiration of the prior one (or the filing date), so maybe in that sense it is possible to resume or maintain H1B status in such circumstances. But with the tricky interpretations involved, I would advise not to travel in such a situation if you really need to keep the H1B status.
 
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