Traveling with AP pending

[mjakub76]

If your future wife is outside US, the only way she can enter as your dependent is on an H4 implying you have to maintain H-1B status (or unless she gets her own visa). You may marry her and then apply for her I485 if your PD is current at that time. One caveat, its risky if she enters on a non-immigrant intent F1 or B1/2 visa and you file for her I485 within 90 days.

my future wife has a turist visa until 2009. She may enter US at any time. Are you suggesting, I would be better off maintaining my H1-B status, just in case?
I'm not planing to use EAD, but traveling with AP seems to be much easier and cheaper than going back to Poland to get my H1-B in passport.
thx

 

[clzeus10]

You should be all set to travel - however, if your AP is in process (while you travel), you loose that application.

I hope your response is in reference to my post above.

I don't plan to apply for AP as there would be no need for it at this juncture in my situation if I can travel on H1 stamp.

Thanks for your reply!

 

[clzeus10]

I hope your response is in reference to my post above.

I don't plan to apply for AP as there would be no need for it at this juncture in my situation if I can travel on H1 stamp.

Thanks for your reply!

Can someone please confirm this - the fact that with a valid H1-B stamp, I do not need AP.

Thanks

 

[TheRealCanadian]

Can someone please confirm this - the fact that with a valid H1-B stamp, I do not need AP.

Absolutely correct.

 

[tennis_court]

The good news is that certain H1B applicants can travel without AP starting Nov 1st (today).

See: http://www.immigrationportal.com/showthread.php?p=1813119#post1813119

 

[TheRealCanadian]

The good news is that certain H1B applicants can travel without AP starting Nov 1st (today).

Read it again. H/L holders haven't needed AP for years now; they're just eliminating the requirement to present the I-485 receipt, which was stupid and unenforced anyways.