Visiting home country while AP pending

L

Long327

Registered Users (C)
Hi,

I have my i140 approved and AP pending. I have a valid H1 visa and going to travel outside US using my H1. I heard that if I travel while AP is pending, my AP applifcation will be invalidated and approved AP will no longer be valid for me and for my family as well for future use.

I would appreciate that some expert clarify that.

Thanks.

Long
 
I presume you have valid H1 status and you intend to return on H1.

Strictly speaking you should not leave US untill the AP approval.U can use AP after your return.

I think it is OK to go since anyhow you are not using AP.
 
This is what Page 3 of Form I-485 form says:

Travel Outside the U.S. for Adjustment of Status Applicants Under Sections 209 and 245 of the Act and Registry Applicants Under Section 249 of the Act.
Exceptions: 1) H and L nonimmigrants: If you are an H or L nonimmigrant who continues to maintain his or her status, you may travel on a valid H or L visa without obtaining advance parole.
 
Originally posted by kjkool
This is what Page 3 of Form I-485 form says:

Travel Outside the U.S. for Adjustment of Status Applicants Under Sections 209 and 245 of the Act and Registry Applicants Under Section 249 of the Act.
Exceptions: 1) H and L nonimmigrants: If you are an H or L nonimmigrant who continues to maintain his or her status, you may travel on a valid H or L visa without obtaining advance parole.
Click to expand...

Thank you for all your reply. I understand I can travel outside US. My point is:

since my AP is pending, if it got approved someday when I am back, is the AP still valid?

Best regards,

Long
 
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