Travel while AOS pending (H1B, but not really)

[Philly5]

Peeps -
got a question for ya. I am currently in H1B status but do not have a visa (any visa, in fact) because my status was adjusted from F-1 when I finished my PhD program. The F-1 visa expired a long time ago, and I haven't traveled outside U.S. in some time.

I have applied for AOS based on my marriage to a US citizen (Philadelphia office), been fingerprinted and now waiting to hear about the interview date (not for awhile, probably). Here is the deal - I did not apply for the EAD (don't need it because I am working at the university who filed for my H1) or the AP (did not anticipate travelling). The AP thing confuses me - I read on the instructions to the I-131 that if you are in H1 status you don't need an AP to travel. However, you do need a visa.

I am contemplating travelling on a university-sponsored trip this spring (so, this is not an emergency) and don't know what to do. Should I apply for the travel document with supporting evidence that my I-485 is pending? Or is there a way to obtain an H1 visa relatively easily here or in Canada? This would be the initial visa, not a renewal so my feeling is that the answer is no.

Any comments would be appreciated.

- m

 

[waitingforAOS11]

You have not used your EAD and you have a valid H1B, but, you do not have a stamp. You cannot enter the country on the basis of your approval.

Two choices:

You either get a H1 stamp, (i had gotten my F1 to H1 in canada, but, that was in 99, they had stopped this for some time, but, now, I guess you can again do it, better check).

Or to make things easy, apply for an AP, even if you do not have your H1 stamp, you can still enter, but, be prepared to answer if they asked you if you married when you were on F1, etc. It all depends on your Port Of entry. Legally speaking, you can enter if you have an AP.

 

[bb_5555]

yeah AP is the easiest way to go

I'm not familiar with the stamp.

I hope someone here can elaborate on it further for you.

even if you don't anticipate traveling you should get it anyway just in case if you need to leave the country for some reason and you still have family back in your native country.