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Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

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  #1  
Old 11-16-2008, 11:27 AM
ibbu_arif ibbu_arif is offline
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Question Travelling to India while AP is Pending.

Hello Gurus,

I have been searching various posts and found quite answers to quite a few questions I had in mind, but as usual I am left out with few more queries

Following is my current Status

Pending I-485 Application, AP valid till Dec 6th 2008 and EAD Valid till Oct 2010.
Already applied for AP extension for me and my wife on Oct 10 2008 and awaiting for Approval.

I had travelled once on my AP in April 2008 for a week to Visit my sick mother... I understand that this Puts me on parolee status. But Please NOTE that I am still with my H1B Status with my employer. Didn't use my EAD for I-9 forms.

After returning, my employer applied for my H1B extension for 3 years ( I already completed my 6 yrs of H1B). It is already approved and I have a Approved/Valid H1B document till May 30 2011.

From the info in some posts, I understood that this extension puts me back into H1B Status.

Now the actual question :
-------------------------
I had to Visit India in Jan 2009. I already booked my tickets for Jan4th (you know how it is , you always have to book earlier ), with an anticipation that I will get my AP extension Approved before that time. (I gave 3 months time for myself)

If I get my AP approved before I leave then NO Issues, I will again use my AP to re-enter USA in Feb 2009.

But let's assume I don't get it Approved before I leave.

a) Am I allowed to travel outside USA while my AP is Pending ?

b) If allowed, Can my AP get approved while I am outside US (i.e in India) ? Or will they Cancel my AP application?

c) I know I should get my H1B Visa stamping done while in India to re-enter on H1B Status. Do you see any problems that the consular officer/POE officer can create like
why did I leave the country while my AP application is Pending ?
Why are applying for H1B Visa while you could have used your AP?

I appreciate your detailed answers.

Thanks
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  #2  
Old 11-17-2008, 02:12 PM
ibbu_arif ibbu_arif is offline
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Default

All,

Any help in answering my queries is appreciated.

Thanks
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  #3  
Old 11-17-2008, 03:12 PM
kevinkris kevinkris is offline
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Default Get visa stamping in home country whne you visit next time..

Since you applied for H1 extension it means that you are out of parolee status
and on H1 again.

Get visa stamping next time when you go for home country and come on H1 instead of using AP.

Use AP only if GC is approved when you are outside of country..

I think it's little risk if AP is approved and you are outside of country and wants to use it. They prohibit sending AP on postal mail.

Quote:
Originally Posted by ibbu_arif View Post
All,

Any help in answering my queries is appreciated.

Thanks
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  #4  
Old 11-17-2008, 03:43 PM
rsdang rsdang is offline
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Lightbulb Please check

I do not think this statement is correct "Since you applied for H1 extension it means that you are out of parolee status and on H1 again."

As long as H1B is the underlying petition for your GC application H1 extension does not negate your AP status. You have dual travel papers.

Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval...

I have had a valid H1 and AP for a while now and travelled on AP without issues.

Hope it helped.
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  #5  
Old 11-17-2008, 04:03 PM
ibbu_arif ibbu_arif is offline
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Default Thanks

Thanks for your replies.
Yes, I understood AP approvals cannot be posted to Outside US. You have to be physically present in US while it gets approved.

But one thing is NOT clear from the "rsdang's" statement "Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval... "..

"Are you referring to AP extension petition or the Original GC petition?"

Any other opinions from other Gurus of the forum?

I checked with my attorney and he confirmed that there shouldn't be any issue with the AOS petition. But he didn't confirm what will happen to my AP extension petition. I am still waiting for his response.

http://www.uscis.gov/files/pressrele...Rule110107.pdf
Looking at this PDF doc, there doesn't seem to be requirement that you need to have the AP to travel as long as you have valid H1B stamping.
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  #6  
Old 11-17-2008, 04:40 PM
LostInGCProcess LostInGCProcess is offline
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Default

Quote:
Originally Posted by ibbu_arif View Post
Hello Gurus,
If I get my AP approved before I leave then NO Issues, I will again use my AP to re-enter USA in Feb 2009.

But let's assume I don't get it Approved before I leave.

a) Am I allowed to travel outside USA while my AP is Pending ?
Yes, You can travel.

b) If allowed, Can my AP get approved while I am outside US (i.e in India) ? Or will they Cancel my AP application?
It is very unlikely they would cancel your AP

c) I know I should get my H1B Visa stamping done while in India to re-enter on H1B Status. Do you see any problems that the consular officer/POE officer can create like
why did I leave the country while my AP application is Pending ?
No, you are perfectly alright to get H1B visa.
Why are applying for H1B Visa while you could have used your AP?
No, In fact applying for H1B is the right thing to do. Since you want to maintain your H status.
...
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  #7  
Old 11-17-2008, 06:21 PM
ibbu_arif ibbu_arif is offline
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Default Multiple Security Checks

Thanks "LostinGCProcess" { I apologize to call you by your userID }

This give me confidence to travel even if I don't get my AP approved.

I actually posted one more post asking my concerns about multiple security checks
http://immigrationvoice.org/forum/sh...ad.php?t=22443

Can you please advise what in your opinion is the best thing to do.

I know the security clearance timeframe is unknown, but how long does the PIMS check take?
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  #8  
Old 11-21-2008, 02:42 PM
krishnam70 krishnam70 is offline
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Default

Quote:
Originally Posted by ibbu_arif View Post
Hello Gurus,

I have been searching various posts and found quite answers to quite a few questions I had in mind, but as usual I am left out with few more queries

Following is my current Status

Pending I-485 Application, AP valid till Dec 6th 2008 and EAD Valid till Oct 2010.
Already applied for AP extension for me and my wife on Oct 10 2008 and awaiting for Approval.

I had travelled once on my AP in April 2008 for a week to Visit my sick mother... I understand that this Puts me on parolee status. But Please NOTE that I am still with my H1B Status with my employer. Didn't use my EAD for I-9 forms.

After returning, my employer applied for my H1B extension for 3 years ( I already completed my 6 yrs of H1B). It is already approved and I have a Approved/Valid H1B document till May 30 2011.

From the info in some posts, I understood that this extension puts me back into H1B Status.

Now the actual question :
-------------------------
I had to Visit India in Jan 2009. I already booked my tickets for Jan4th (you know how it is , you always have to book earlier ), with an anticipation that I will get my AP extension Approved before that time. (I gave 3 months time for myself)

If I get my AP approved before I leave then NO Issues, I will again use my AP to re-enter USA in Feb 2009.

But let's assume I don't get it Approved before I leave.

a) Am I allowed to travel outside USA while my AP is Pending ?

b) If allowed, Can my AP get approved while I am outside US (i.e in India) ? Or will they Cancel my AP application?

c) I know I should get my H1B Visa stamping done while in India to re-enter on H1B Status. Do you see any problems that the consular officer/POE officer can create like
why did I leave the country while my AP application is Pending ?
Why are applying for H1B Visa while you could have used your AP?

I appreciate your detailed answers.

Thanks
Ibbu I answered your questions in other threads you opened. It is not advisable to open multiple threads with same topic. I do understand your anxiety in getting answers but to open multiple threads is only going to knock off people and you might not get responses which could lead to discussions and answers for you. There are multiple threads on the same topic with people in similar situations which could be applicable to you. Please do some research and reading..

cheers
kris
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  #9  
Old 11-21-2008, 04:37 PM
kevinkris kevinkris is offline
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I485 Mailed Date
:
08/13/2007
Compare
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Default Double check with attorney..

My friend did the same thing. Not h1 extention but re-instatement of AP to H1.

It's same as applying for H1 (form 129 etc) but the option you select
is different.

Part 2. Information about this petition. * (See instructions for fee information.)

Basis for Classification (Check one):
Check 2nd option:

Continuation of previously approved employment without change with the same employer.




Quote:
Originally Posted by rsdang View Post
I do not think this statement is correct "Since you applied for H1 extension it means that you are out of parolee status and on H1 again."

As long as H1B is the underlying petition for your GC application H1 extension does not negate your AP status. You have dual travel papers.

Caution - Please talk to lawyer as there is some stuff around abandoning your petition is you go out of country before approval...

I have had a valid H1 and AP for a while now and travelled on AP without issues.

Hope it helped.
__________________
------------------------------------------
I-485 approved on 8th July 2010. Magic Day.
------------------------------------------

PD: Aug 8th 2005 EB2 India NSC
140 Approved - Mar 2008
485 - RD 13th Aug 2008 - ND 26th Sept 2008
EAD/ AP cleared
Name Check, FP cleared - Source InfoPass


150$ donated so far
Go IV Go
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http://immigrationvoice.org/forum/sh...ad.php?t=20183
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  #10  
Old 11-21-2008, 06:27 PM
rsdang rsdang is offline
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Lightbulb Ap not 485

abandoning AP was what I was refereing to... but as I said please chek with your lawyer that if you leave country in the middle of the application is that a problem.

Take Care
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