Travel with EAD and Status while 485 pending and H1B about to expire


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Hi All,

I am in a typical situation and would like to get some inputs from this forum.Currently i am on my h1b, EAD/AP(Approved) and 485(Pending).

My H1B expires on Jul-01-2012 and Currently 485 is pending and have an approved EAD/AP(combo card) on Mar-01-2012.

Q1) Do i need to go for an h1b extension or Can i use my EAD/AP.What are the issues that i am going to face if i use EAD/AP not H1b(i mean after getting approval of h1 extension)

Q2) my wife is on H4 and planning to travel on Apr-18-2012. She has visa stamped till jul-01-2012. she may stay up to 3months in India and while coming back she is going to be using her AP. Any issues while she is coming back.

Q3) Mean time on April-01 i need to apply for Germany work visa(expecting to travel in Jun/Jul---at this point my h1b will be expired). To Visit Germany on work permit on what status i need to apply h1b or EAD/AP)

Thanks in advance.

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  • 2 weeks later...

Based on the experts suggestions on the forums, you are suppose to use AP while travelling out of the country and no where is says that using AP is safer than H1. Both needs immigration check but the only difference using AP is that H1 stamping is not required if you dont have it already for the travelling period.

Your wife is having both Stamping and AP so there is no issue to use AP. The purpose of having AP is to use it while travelling outside the country when 485 is pending

As long as you maintain valid AP, you dont have to worry about H1-B extn provided yours or your employer's attorney is agreeing to use AP with expired H1. Some reputed employers wanted to extend your H1 for a safer side. For example, say unfortunately 485 is denied then your AP will be denied while entering back to US. So get your attorney's blessing before you travel outside especially with expired H1.

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