Travelling while AP pending - Confused

H

HDBoy

Registered Users (C)
Hello,
I have applied for AP in TSC, and I have to travel to India soon. I don't think I will get my AP approved before my travel. I have a valid H-1B. I plan to enter US with H-1B. Do you think this amount to abandoment of I-485 since I left US while my AP is pending approval. Thanks for your help

HDBoy
AP RD 10/31/2003
I-485 RD 11/31/2002
 
I think you are ok

Iam pretty sure that your I-485 is ok when you travel and re-enter US on H or L visa. But maybe the gurus might be able to answer what happens to your AP which you have applied now and which probably will be approved after you leave the US or after you get back to US (on H or L visa).

I was reading this on murthy.com
http://murthy.com/ukpbadpl.html
the last para talks about pending I-485 and travelling on H and L visa.
Hope this helps
-jd
 
HDBoy

Enter on H Visa, if your AP is not approved before departure from US then entry with AP may be denied you need to apply AP while in US and should have approved AP before departure. You can read the info from USCIS site for AP.
 
Thanks jd imm and Ginnu.
So It means I can enter in H visa without worrying about the AP ( approved or not approved ) Right ?. I have a valid H-visa till 11/2005. I applied AP and EAD for back-up. At POE, does anybody ask about the pending AP ?.

Thanks again.
 
Originally posted by HDBoy
Thanks jd imm and Ginnu.
So It means I can enter in H visa without worrying about the AP ( approved or not approved ) Right ?. I have a valid H-visa till 11/2005. I applied AP and EAD for back-up. At POE, does anybody ask about the pending AP ?.

Thanks again.
Click to expand...

Yes, you can enter using H visa. At POE, they'll stamp your I-94 with the H visa expiration date.
 
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