I call the national service number of BCIS to verify if I have to apply AP. I'm on H-1B valid till Feb 2004. I know I can travel on H-1B. I am not sure if I will have problem coming back in case my I-485 is approved while I am travelling outside USA. The lady told me "you must apply for AP because you have an I-485 pending".
"I have a valid H-1B"
"The moment you applied for Adjust Status, you are no longer considered H-1B status. You have to apply for EAD (I-765 to work) and AP (I-131 to travel)"
"But I have been working on H-1B since I applied for I-485. Is the information you give me new?"
"No. You can't work legally without EAD" (This means I have been working illegally since last year.)
She also told me that everyone with a mending I-485 must be interviewed. I said I know many people got approved without being interviewed (transferred). Is this information new? She said nothing is new. This has always been the case.
I lost my patience and said "thank you" and was ready to hang up. But she offered to transfer me to her supervisor. Her supervisor said for this type of question he would have to transfer me to an immigration officer.
I was connected to an immigration information office. The IIO said "If you are working on H-1B you don't need to apply for AP to travel".
"If my I-485 is approved while I am overseas, do I have any problem in reentering USA"
IIO: "Take my word, you are on H-1B. That has nothing to do with I-485. You don't have any problem in reentering USA."
"I have a valid H-1B"
"The moment you applied for Adjust Status, you are no longer considered H-1B status. You have to apply for EAD (I-765 to work) and AP (I-131 to travel)"
"But I have been working on H-1B since I applied for I-485. Is the information you give me new?"
"No. You can't work legally without EAD" (This means I have been working illegally since last year.)
She also told me that everyone with a mending I-485 must be interviewed. I said I know many people got approved without being interviewed (transferred). Is this information new? She said nothing is new. This has always been the case.
I lost my patience and said "thank you" and was ready to hang up. But she offered to transfer me to her supervisor. Her supervisor said for this type of question he would have to transfer me to an immigration officer.
I was connected to an immigration information office. The IIO said "If you are working on H-1B you don't need to apply for AP to travel".
"If my I-485 is approved while I am overseas, do I have any problem in reentering USA"
IIO: "Take my word, you are on H-1B. That has nothing to do with I-485. You don't have any problem in reentering USA."