Traveling with H1-B but no AP

J

Justaskingagain

Registered Users (C)
I have I485 pending and H1B stamped valid until April 2008.
I intend to travel on Xmas but I haven't even applied to AP yet. Processing times are still back in May and June, so even if I apply now, I don't think I can get one. Unless there is expedited processing option ??

Also, I was researching this and here is what I found:

On USCIS website, on page 1 of Instructions for Form I-131 (application for travel document), I found the following. Please confirm that I won't need advance parole in this case.
Thank you.

"If you are in the US and wish to travel abroad, you do not need to apply for advance parole if both conditions described below are met:

A. You are in the following nonimmigrant categories:
1. H-1, etc...

B. A form I-485, application to register permanent residence or adjust status, was filed on your behalf and is pending with the USCIS.

However, upon returning to the US, you must present your valid nonimmigrant visa and continue to remain eligible for that status."
 
You are good to travel since you have a stamped H-1B though ensure that you don't have an application for H-1B extension (or AP) pending while you depart the country else you'd have to re-apply upon re-entry.
 
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Wait a minute...

lprkhoj said:
You are good to travel since you have a stamped H-1B though ensure that you don't have an application for H-1B extension (or AP) pending while you depart the country else you'd have to re-apply upon re-entry.
Click to expand...


You're wrong about status. Change of status is abandoned if you travel outside USA, not extension of status. As for pending AP processing, travel outside USA does abandon it but not, more importantly, AOS, as long as you travel and return in specific L/H/etc status (see this post and the whole thread if possible).
 
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atmaram said:
You're wrong about status. Change of status is abandoned if you travel outside USA, not extension of status. As for pending AP processing, I don't think travel outside USA affects it. As far as I know AP can be approved after you exit USA and you can even use it to reenter.
Click to expand...

So, does that mean applicants can go out of the U.S. without approved AP notice but come back in on AP, if it is approved after the exit and if they have the notice sent to the oversea address?

(As for the pending AP processing, yes, I don't think travel outside the U.S. affects it, either).

Justaskingagain, you can travel on H1-b status/sticker, but in that case be sure to carry the original I-797 receipt notice for I-485 (looks like CIS is considering changing this part of the regulation [per Oh Law] but they haven't yet).
 
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Do you have an EAD and did you use it?

As long as you do not use your EAD, you can keep your H1B non immigrant status.

I came back many times on H1B without an AP to the country. Only once a clueless CBP officer told me that you need AP once you have filed I485. My lawyer told me otherwise and when I explain that to the officer he just stamped my password and let me in.

MatlaB.
 
Now what if my green card gets approved :

scenario 1: just before I travel, but I don't have the card yet.

scenario 2: after I travel but before I come back.
 
Justaskingagain said:
Now what if my green card gets approved :

scenario 1: just before I travel, but I don't have the card yet.
Wait until to receive ur card otherwise go to service center and stamp it on the passport

scenario 2: after I travel but before I come back.
Click to expand...
Use AP
 
geofu54 said:
So, does that mean applicants can go out of the U.S. without approved AP notice but come back in on AP, if it is approved after the exit and if they have the notice sent to the oversea address?

(As for the pending AP processing, yes, I don't think travel outside the U.S. affects it, either).

...
Click to expand...

See my original post with further clarification.
 
So in case of scenario 2 above, can I apply from abroad ?, or should I do it before leaving ? It doesn't look like it will be approved before December anyway... (?)
 
atmaram said:
You're wrong about status. Change of status is abandoned if you travel outside USA, not extension of status. As for pending AP processing, I don't think travel outside USA affects it or more importantly, AOS, as long as you travel and return in specific L/H/etc status (see this post and the whole thread if possible). As far as I know AP can be approved after you exit USA in these specific status and you can even use it to reenter.
Click to expand...

Regarding travelling on H-1B with extension pending, thats true, one may travel as long as H-1B is valid (just confirmed through http://www.uscis.gov/files/pressrelease/Travpub.pdf, Page 1, last statement). So I stand corrected.

However, AP does get affected upon travel if its pending. 8 CFR §54.3(d)(5) addresses this.

Goto
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d286150e2

and check the following...

54.3 Adjudication.
(d) Adjudicative Issues . Review the entire application, and pay particular attention to the following.
....​

(5) Abandonment of Application . The application is considered abandoned if either:
• The alien applied for admission at a port of entry prior to the decision on a Form I-131 filed on behalf of an alien who was outside the U.S. at time of filing, or
• The alien departed from the U.S. prior to the decision on the Form I-131 in a case where the alien applied for advance parole in order to depart from and return to the U.S.
Note: If the alien is an applicant for adjustment of status, departure prior to the approval of the Form I-131 also results in the adjustment application being deemed abandoned.​

And neither of these (traveling with H-1B extension or AP pending) has any detrimental effect on AOS processing if departing/entering with valid H-1B status/visa. Check 8 CFR §245.2(a)(4)(2)(C), in the link above.

I posted a similar question a while back http://www.immigrationportal.com/showthread.php?t=265402
 
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No Need for AP for certain H and L visa holders Starting 11/1/07

Certain H and L visa holders DO NOT need AP anymore to travel outside US starting November 1, 2007. And this includes dependants.
See http://shusterman.com/pdf/hl-reg1107.pdf .
So they collected all the money and now decided it's too much work for them to issue the paperwork in a timely manner and have now decided they do not really need all this CR$$$P. So now they are saying just travel if you have to (no abandonment of 485) as long as you:
1. Remain eligible for H or L
2. Return to same employer as previously authorized to work
3.Possession of valid H or L

What is up with this?????
 
I would characterize this change differently. AP was never needed for H-1B's who return to work in H-1B status for the same employer. AP is still required for any H-1B who starts working on EAD instead of H-1B status. However, for those who would have re-entered in H-1B status and were required to have the I-485 receipt notice, they can now enter without receipt notice.
 
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