forward shortleg Posted June 26, 2012 Report Share Posted June 26, 2012 I got my PERM approved and am ready to file for I-140/AOS concurrent filing. My attorney says that I should wait for AP approval before trying any travel. My company meanwhile wants to send me abroad (my GC is being done through another company which aims to employ me in the future) in Aug/Sep. If I file right away (July 1), I could get my AOS receipt in hand and I assumed I was safe to travel. I am on an H1B visa with my current employer. Is my attorney right? Should I wait for my AOS approval (this could take 3 months as I understand it and hence I have to let my company know that I cannot travel)? Or is it safe to wait till I get my receipt and then travel? ps. My filing now will be concurrent filing of I-140, AOS, AP, EAD. (there is another wrinkle: if I do travel, I will need to get my H1B stamped at a consulate abroad since the visa stamped in my passport has expired. I do have an approved visa extension I-797 already) Thanks in advance for any advice! Link to comment
Belle Posted June 27, 2012 Report Share Posted June 27, 2012 You can travel on H1 without AP approval. Make sure you have your appointment at the consulate. You don't want to get stuck abroad for 6 weeks waiting for the appointment. Link to comment
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