Travelling outside the US while AP is not approved

V

venkatesh aiyar N

Member
Hi

Here is my situation. I recently applied for my EAD/AP renewal and I may need to travel overseas for several months. My H1B expires in Jan 2003. Can I re-enter the US on the approved AP if I do return after my H1B expires ? Apart from the risk of a possible delay or denial of the AP, will it be a port of entry issue because I left before it got approved?
Has anybody re-entered the US based on an AP document approved during his absence from the United States ?

Thanks.
 
I am not a lawyer but my safety-minded opinion is that delay your trip this year. Only go once you get your AP.

One time I got hassled during my re-entry because my H-1B only had 4 months remaining on it (my first 3 year stamp). I told the INS guy that I would renew it soon and that seemed to satisfy him. Now you may be cutting it thin if you try to enter in Jan'03 with an H-1B that expires at the end of that month.

I don't know how well showing an AP that would seem to be approved in your absence woud do. I mean I don't know if that is a legal problem or not. Common sense says not, but then again laws are not always common sense.
 
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The other thing is - how do you get the AP in hand if you are out of country once it is approved ? I dont think current law allows anyone on your behalf to send AP outside the country to you.

I would just wait for the approval if I think that I can not return prior to H1B expiration.
 
Unless you have a parent sick in bed, or a child getting married or something, delay your trip. My two cents ...
 
Suggest you postpone the trip.

Even with the GC stamped in the passport and also carrying all documentation (like Approval notices, EAD cards and AP), it took us over an hour to get out from the immigration area at JFK last wek (all this delay was due to the lack of plastic card).
We were one of the first set of people to make it to the counter and the last ones to come out because we were referred to the Supervisor for additional verification.
So my two bit advice would be to play it safe and await your travel papers before undertaking the trip (your H1 would be cutting it too fine).
 
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