Travelling using AP (During H1 Extension filing)

[Sudh]

I am planning to travel in Jan using my AP. My H1B is valid till Jan. I have filed for H1B extension but I am not sure if I will receive the approval before Jan.

Does anyone know if there will be any problem?

My lawyer thinks that it is not advisable to travel while H1B Extention is filed (not approved). I have told him that I will be using AP. (I am still working on H1B not using EAD)

Any suggestions?

 

[noshs]

You should be fine. You have file 485(you have got EAD even though you are not using it). Your legal status can be sustained even if your H1 goes awry as your 485 is filed. AP is independant of H1.
--Naveen Ohso