Trip to homeland

[v32]

I've been a regular reader of this forum, i am a meagre poster though.

This is my question.

Can a person with no visa status( H1 expired 6+1 ), with valid EAD travel out of the country by applying AP. What will be the position during re-entry??... Will this cause any problem in GC approval or re-entry?.. Gurus respond please..

v32

 

[guju]

You can travel after you receive you AP, do not leave after you apply for AP, you have to be in this country when you get your AP inorder to use that AP for re-entry.

if you are using your EAD then you are no longer on H1 status. You are on a pending 485 adjustee status, and so when you re-enter on AP, you will continue to be on pending 485 adjustee status.

If you have never been on out of status and you are not under 245(i) or (k), you should not have any trouble re-entering US on a valid AP.