Travelling on AP with H1 Extension Pending

[mnl_gcquest]

Hi All,
I have my 8th year H1 extension pending with INS. I do have AP with me and would like to go to india for a month. When i informed my employer, I was told that,
""""---------------------------this is what my company HR told me-------
And as per our converation, you informed me that you are planning a trip to india. It is advisable that you don't travel during your extension is in process. I just wanted to inform you about this. '''

I am not sure why they think it is a risk, as i dont see it. Let me know your insight. Am I safe to travel.

Thanks

 

[ginnu]

Hi All,
I have my 8th year H1 extension pending with INS. I do have AP with me and would like to go to india for a month. When i informed my employer, I was told that,
""""---------------------------this is what my company HR told me-------
And as per our converation, you informed me that you are planning a trip to india. It is advisable that you don't travel during your extension is in process. I just wanted to inform you about this. '''
---------- you dont have problem if H1 extension is pending and want to use AP for rentry, I think your employer does not know that only CHANGE OF STATUS is abondned if one goes out(like H4 to H1 or H1 to H4 or L1 to H1) extension in same status is not abonded.

I am not sure why they think it is a risk, as i dont see it.
----- They may be thinking that after the use of AP you will not be on H1 status and that is not true, if you use AP and work with the employer who filed your latest H1 then you are on H1
** if you use AP and your H1 extension is approved AFTER you come back to US then the attached I-94 with H1 approval notice will be Last Action and that I-94 will be valid I-94
Let me know your insight. Am I safe to travel.
---- I dont see any problem ask the employer why he says is is not safe
Thanks

 

[mnl_gcquest]

Thank Ginnu, I inquired with my employer and he said that there is no problem in travelling while the extension is pending but what if you GC gets approved in 4 weeks of time while you are gone. ?
What happens if the primary applicant is not in the country and 485 gets approved.

 

[ginnu]

Thank Ginnu, I inquired with my employer and he said that there is no problem in travelling while the extension is pending but what if you GC gets approved in 4 weeks of time while you are gone. ?
--- you are allowed entry to US with valid AP or with Valid Visa and at POE they will inform you to visit local USCIS office to get your passport stamped as your I-485 is approved
What happens if the primary applicant is not in the country and 485 gets approved.
---enter with valid AP and that is allowed.
I suspect you employer is trying to scare you and does not like you to make a trip out of US