Traveling on AP and maintaining H1B

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v_atray

Registered Users (C)
I am an Indian citizen and have applied for Green Card in EB2 category. I have AP, EAD as well as Approval Notice for H1B extension, but the visa on my passport has expired. My parents live in Singapore, so I will not be traveling to India. I asked Singapore Embassy if I could get H1B stamped and their response was that India would be the correct place for renewal of H1B visa.

My objective is to maintain H1B status as a backup to my green card petition. The lawyer says that I can do that even if I travel using AP. My wife will be traveling on AP because she is using EAD to work.

Can someone shed more light on this gray area that I am in? What will happen to my H1 status if I travel using AP? Can I get my H1B visa renewed at a later date? Or should I go to Mexico/Canada and get H1B stamped before I travel? Also, is there any real benefit in doing that?
 
v_atray said:
I am an Indian citizen and have applied for Green Card in EB2 category. I have AP, EAD as well as Approval Notice for H1B extension, but the visa on my passport has expired. My parents live in Singapore, so I will not be traveling to India. I asked Singapore Embassy if I could get H1B stamped and their response was that India would be the correct place for renewal of H1B visa.

My objective is to maintain H1B status as a backup to my green card petition. The lawyer says that I can do that even if I travel using AP. My wife will be traveling on AP because she is using EAD to work.

Can someone shed more light on this gray area that I am in? What will happen to my H1 status if I travel using AP? Can I get my H1B visa renewed at a later date? Or should I go to Mexico/Canada and get H1B stamped before I travel? Also, is there any real benefit in doing that?
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Use the AP and you can continue working with the same H sponsor, renew the H and extend it too. Those with pending GC for years and years and using their H in case a problem happen to their GC actually exhausting their H and if their GC affected by a problem at that time their H will be also exhausted and nothing they can do. On the other hand, if you used the EAD, you freez the H and save the time left in case any problem happen to the GC. I know this is not that simple and many other factors paly a role with different opinions. Safe trip
 
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