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Travelling to India while AP is Pending.
I have been searching various posts and found 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.
The rule says
Please see my responses inline
USCIS rules say your AP application is deemed as abandoned if you leave the country before its approved.
However as you have an H1 you should be ok if you get your stamping done in your India and can travel back in non-immigrant status but god forbid you get a denial you will not be able to enter US.
Disclaimer: Not a legal advise
1996 for 1st MS
PD EB2 Jan 2001, 9/11 ,(BEC ,pink slip)
H1 new empl - Dec 02
EB3 RIR, INDIA(Empl mess up)
PD: Sep 2003 , 2nd MS - SE
140 Approval: March 2004
3EADs , 4FPs
3APs, 485 approval -- 07/30/2007
GC in Hand - 08/07/2007
First in flower campaign
Calls to Congressmen,Senators
Letter for administrative fixes
Periodic donations to IV
Still with IV.
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