Travel using AP

D

desi_girl

Registered Users (C)
Hi,
My husband and I are planning to travel to India using AP.I am on H1, 6th year expires this April.My visa on the passport is expired.
We received EAD,AP,I-140. My husband was a student, then changed to H1 and now is using the EAD.

1.I would like to know what wld they check at the port of entry.Will they check the past statuses of my husband?Should we take all the documents pertaining to my husbands visas? or should we take only MY documents since i am the primary applicant.
2.Can he travel alone using the AP since I am the primary applicant?
3.Can i travel using AP and then also apply for my 7th year H1-Extension after i return!
4.I cannot get my passport stamped as i dont have the extension yet.Hence is it okay to travel using AP OR should we plan to use the AP only for emergency travel.

I would greatly appreciate a detailed answers from your excellent experience.

Thanks a lot in advance
 
desi_girl said:
Hi,
1.I would like to know what wld they check at the port of entry.Will they check the past statuses of my husband? Should we take all the documents pertaining to my husbands visas? or should we take only MY documents since i am the primary applicant.
Click to expand...

If you're both traveling on AP then you'll both need to carry your AP (and maybe a copy of the I-485 receipt, although it's incredibly unlikely they'll want it.)

Can he travel alone using the AP since I am the primary applicant?
Click to expand...

Of course. He has his own I-485 and his own AP, I trust.

Can i travel using AP and then also apply for my 7th year H1-Extension after i return!
Click to expand...

Provided you've not worked for anyone other than your H1 sponsor, and your original H1 petition has not expired.

Hence is it okay to travel using AP OR should we plan to use the AP only for emergency travel.
Click to expand...

The AP and your petition extension are not related.
 
What happens with H-1 if I-485 is denied?

TheRealCanadian, I have a question for the guru of your caliber. ;)

I have I-140 pending and I+spouse have I-485 pending. If we travel on AP and come back and I never worked for another employer and she did not work at all, we're still in H-1 and H-4, even given that I-94 says AOS. Is that correct? Do we need to do anything at expiration of that I-94?

If I-485 is ultimately denied, what happens? We must leave U.S. or can somehow jump back to H-1/H-4 status to try GC again?

I am far from 6 years limit. We do not have nor planning to apply for H-1/H-4 visa stamps.

Thanks a lot

/dzxing
 
Hi Real Canadian,
Thank you for your response.

I also would like to know , if I have to take my husbands previous F1- papers and also his previous H1 documents.
He is currently using the EAD. But I would like to know how much of my husbands history details should we carry?

Thanks again
 
dzxing said:
I have I-140 pending and I+spouse have I-485 pending. If we travel on AP and come back and I never worked for another employer and she did not work at all, we're still in H-1 and H-4, even given that I-94 says AOS. Is that correct? Do we need to do anything at expiration of that I-94?
Click to expand...

You don't need to do anything when the I-94 expires, since the pending I-485 will keep you in status. You can certainly extend your H status based on the Cronin memorandum, but I'd be very leery about making assumptions as to your status if you don't have a valid I-94 that says H-1 or H-4 on it.

If I-485 is ultimately denied, what happens? We must leave U.S. or can somehow jump back to H-1/H-4 status to try GC again?
Click to expand...

You might be able to file an I-539 requesting a change of status. The safest would be to leave and re-enter. Why are you worried that your I-485 would be rejected? Is the I-140 iffy?
 
TheRealCanadian said:
You don't need to do anything when the I-94 expires, since the pending I-485 will keep you in status. You can certainly extend your H status based on the Cronin memorandum, but I'd be very leery about making assumptions as to your status if you don't have a valid I-94 that says H-1 or H-4 on it.
Click to expand...

Yeah, that's what I meant -- that we could file EOS for H-1/H-4 and jump back onto H-1/H-4. Though Cronin memo does not talk about H-4, and I read a case here that somebody's change to H-4 after entering with AP was denied...

TheRealCanadian said:
You might be able to file an I-539 requesting a change of status. The safest would be to leave and re-enter.
Click to expand...

Can we use automatic visa revalidation in this case? (i.e. go to Canada for five minutes, come back showing expired J-1/J-2 visas and valid I-797 for H-1 approval, and get in in H classification?)

TheRealCanadian said:
Why are you worried that your I-485 would be rejected? Is the I-140 iffy?
Click to expand...

Well... I-140 itself is clean, and there is a good faith intent both for me to work for the employer and for the employer to employ me permanently, but due to some paperwork not done by the deadline by our administrative staff there might be a one or two month gap in funding around this summer. Coincidentally, I was planning to take couple of months of vacation (two weeks paid + rest unpaid) in summer anyway to visit my parents, whom I didn't see for almost four years...

We hope to have I-140 approved by that time. If not, it is not clear to me how such leave without pay would affect a) H-1 status and b) I-140 + I-485. Do you have any suggestions?

Anyway, we're definitely not going to travel until I-140 is approved.

Thanks for your help.

/dzxing
 
You must log in or register to reply here.
Top