Travel outside US and re-enter on AP with H1 stamp expired

[nileshjoshi78]

• My employer has filed my GC under EB1 and USCIS received my case on December 15th 2014. 

I received my EAD/AP combo card as well as "paper AP for dependents" in March 2015. Its valid for 1 year i.e. Feb 2016.

I have, however, not yet received the Green Card and it seems Texas Service Center is delayed in processing the applications (current timeframe shown is Aug 15 2014).

I am travelling to India alongwith family on June 12th and would return on July 3rd.

 

Note: My H1B stamp expired on May 2nd 2015 and H1 "extension" is in progress as of now. Would that be an issue while re-entering US on Advance parole?

 

Question: Considering above scenario, is it safe/smooth to travel outside US and re-enter on Advance parole? Would there be any issues/hurdles during immigration?

[pontevecchio]

The H1 is not material to your return. It is safe to return on the basis of the Advance Parole.

[nileshjoshi78]

The H1 is not material to your return. It is safe to return on the basis of the Advance Parole.

Thanks pontevecchio.

 

Just to make sure my case is clearer, the date on my last H1 Extension notice (I-797) was May 2nd 2015. As such, the next extension has been filed by my employer (1 month back) and is in progress (would take 90 days or so).

 

Would this be an issue at immigration re-entering US on EAD/AP combo card?

 

Appreciate any valuable comments on this.

 

Regards,

Nilesh

[pontevecchio]

Is your I-140 approved? Then no worries with the AP. H1 is anyway dual intent.

[nileshjoshi78]

My I140 is yet to be approved. Is that an issue reentering US?

[nileshjoshi78]

Is your I-140 approved? Then no worries with the AP. H1 is anyway dual intent.

By the way, I did receive EAD/AP card already, am I still to wait for I140 to be approved specifically?

[pontevecchio]

In theory denial of the EB1 is the one factor which could cause trouble. As a matter of abundant caution you should talk to the company Immigration Lawyer about your plans. In a concurrent filing the EAD/AP can be issued even before the final decision on the I-140. Ask your Lawyer about time frames. You may get the GC much sooner.