Travelling without AP and Work Permit


walnut

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Hi,

 

I'm waiting on my Work Permit and AP. It has been more than 70 days.

 

Currently I'm out of status and do not have a valid H1B.

 

But I have to travel out of US on an emergency.

 

I'll ask my friend to post the AP and work permit card to my address in India once it arrives. 

 

Is it fine to travel and re-enter US with my AP approved card after a month?

 

Or is there any other alternative considering I have to travel?

 

 

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Hi Walnut,

 

   Once you leave country your I-94 status gets updated. Adjudicating officer might notice it and might consider your application to be abandoned and deny your case. Advance Parole (In case of employment based pending I485) is a document only given to someone who is present in USA legally or in case who can maintain their status with a valid H1 (which in your case i guess is not valid anymore).

 

  I am not an attorney. So i would rather suggest you consult one who might suggest you a good way out after reviewing your case thoroughly.

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