Travel

[simron]

Hello everyone,

I need some help on travelling. I didnt list all the facts last time i posted, coz i thought it wouldnt matter. Lol, but it does matter.

December 2001 = came to US on B2 visitor visa
I-94 stamped = till July 2002
H4 depandant visa from my H1B dad approved = March 2002-2005
Extenstion of H4 visa = 2005- 2007 (because i was turning 21 in 2007)
Filed for 1-485 = July 2007
Fingerprints and Medical = January 2008
RFE sent = last week

So, since both the B2 and H4 has expired, can i travel outside US for a year and half on AP.

My old passport expied in 2008 and contained the B2 visitor stamp. I got a new passport and is empty. It does not have any stamp.

Do i need a stamp in my new passport, and would i be able to come back to the US? I do plan on renewing my AP, since i will be gone for a year and half. Since the period is so long, would the customs consider it abandon of status?

Let me know.

Thank You

 

[jk0274]

1- Since you applied for adjustment of status to an immigrant, you cannot obtain or use a B visa. Even if yours was still valid, it would be useless.

2- Yes you can travel on an AP document. In fact, that's probably the only way to travel, and can do so as long as your I-485 is pending. You must return to the US before the AP you traveled with expires though, and you have to apply for a new one in the US and you cannot depart before it is approved (i.e. it cannot be sent to you afterwards if you leave before it's approved).