Traveling on H1B

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Call91

Registered Users (C)
Dear Friend,

I am currently on H1B and have a stamp from the state department thats valid till next October. I have applied for and received my EAD card(BCIS sent me 2 thats identical), but have not used it (Whats the definition of using it? changing employer?), but have not applied for AP. I am planning to travel outside of the country in two weeks. Can I travel using my H1B visa? If so, what documents should I bring with me?
 
Yes, you can travel on your stamped H1B visa.
Take your H1B approval, recent paystubs and employment letter with you. You can keep your I-485 recepit notice and EAD as a back up.
 
U don't have a choice

since, EAD is not used for travelling but for employment. Since you don't have an AP, you have to travel on H1. But if you change employer and start working on EAD, then your H1 becomes invalid and you must obtain AP to travel.
 
Thanks!!

Thanks so much to both of you that have answered. So what does it mean by using the EAD card? If I have it, does that mean that I'm using it? Or do I have to leave my current employer to work at other place to mean that I am using it?
 
EAD becomes active only after you use it

Just having an EAD card does not mean that you are on Adjustment Of Status. Only if you use it, like change employers without applying for another H1, will you be said to be on EAD.

I have heard/read conflicting reports as regards to the use of AP.
Some say, if you have a valid H1 approval (no visa stamp) and an AP, you will still retain your H1 if you use your AP.

Some others disagree. They say the moment you use EAD or AP, you lose you H1 status.

Just my two cents.
 
To be on the safe side....

I agree with jaysee on EAD.

Also I have read some articles suggesting to carry AP along while travelling outside the country if applied for AOS. It is possible for the Immigration Officer at port of entry to ask the AP of AOS candidates even if he/she has a valid H1 and stamping. To avoid all the hassle it is best to carry AP along while traveling abroad.

You might want to check on the validity of this information before leaving the country. I am not trying to scare you.
 
Did you travell on H1B Before

If you have travelled before on H1B, it is the same way you do now. dont confuse your self and the officer with AOS Documents (EAD etc etc), unless u want to use them at port of entry. in you case it is not required

All you have to care about, whether you have a valid H1, whether your passport is stamped with a valid VISA, carry some Employment letter.

you are all safe have a nice trip!
 
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