Travelling Related Question

[offdep]

Hi All,

Planning to Travel to India next week.I have a Valid AP & Valid H1B. Which document should I use to Travel.Should I use H1B or the AP.What additional documents do I need to carry while travelling on the H1B or AP.What are the advantages of travelling on the AP over H1B or viceversa. My lawyers suggested that i should travel on the AP & also carry the EAD. He also informed me that I would not loose my H1B Status if I travelled/re-entered on my AP.Wanted your opinion.

Thanks

 

[acidnuke]

The general rule of thumb is ...

Enter the country on the document which is valid for a longer period of time. i.e. where the expiry date is later.

If both dates are the same (i.e. expiry date on AP and H1B stamp on passport), I would suggest entering on the H1B because if, for any unfortunate reason, your 485 application is rejected, your AP/EAD is immediately invalidated and you need to go home the very next day (if you had entered on the AP). This is what an INS officer told me at the time of entry into the country on an AP. However, if you entered on the H1B and your 485 app is rejected, you can stay on for a few more days/months (till the expiry of your H1B), get a lil more time to pack up your stuff and say your final goodbyes before you go home.

Okay ... now I didn't mean to sound like a brute there ... just answering your question.