friend20040 Posted January 30, 2013 Report Share Posted January 30, 2013 Hello, I have to go to India in May and my EAD/AP going to expire in April. Last year I travelled on AP because H1B was expired. I applied and have new H1B now and will get it stamped in May but it's too late to file for Advance parole as it may get approved after May. I will file EAD but not AP because I was told that I should not travel when AP application is pending. When I-485 application is pending is it ok to travel without AP? Will it abandon my application? Thanks in advance Link to comment
Attorney_11 Posted February 5, 2013 Report Share Posted February 5, 2013 An I-485 application will not be deemed abandoned if a person with an I-485 pending travels and returns with H-1B visa and status. Link to comment
Attorney_25 Posted February 5, 2013 Report Share Posted February 5, 2013 Note that you need to be in H-1B status at the time you depart the US in order to use the provision which allows you to re-enter on H-1B without AP. If your AP is pending when you travel, it will likely be denied. That in itself would not prevent you from re-entering in H-1B status. You may want to consult with an attorney to choose the best option for you based on your specific situation. Link to comment
satya100 Posted February 16, 2013 Report Share Posted February 16, 2013 @Attorney_25 You mentioned that "If you AP is pending when you travel, it will likely be denied". What is the reasoning behind such denial. AP could be for future travel. These days USCIS is issuing combo card. Would they also deny combo card, if you travel after you apply. Isnt H1B is supposed to have dual intent, so that you could maintain H1 as long as you can while EAD/AP is pending. Please need more clarification. Link to comment
friend20040 Posted February 25, 2013 Author Report Share Posted February 25, 2013 Thanks for replies. I consulted an attorney and I was told to apply only for EAD and if wanted apply for AP on return which may not be necessary because Im returning on H1B. Link to comment
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