Can EAD/AP be used for re-entry into US after an extended (over a year) stay abroad?

[Eemig]

I am currently on H1B visa. I will be filing for EAD based on pending 485.

I am planning to leave for India for good soon. I am planning to apply for EAD and AP (hopefully get a 2 year term) as a backup in case I decide to come back anytime during those 2 years. Is there any

As per the AP (I-131) instructions - "You may apply if Form I-485 is pending, and you seek to travel abroad for emergent personal bonafide business reasons"

Any info, personal experiences will be very helpful.

Thanks!

[Attorney_25]

EAD is not relevant to travel. If you travel, you will need to return to the US before the expiration on the AP paper doc or the AP/EAD card. You will probably get the card. Examine it carefully to make sure AP is endorsed on it. If it is only EAD, you cannot use it for travel.

[Eemig]

EAD is not relevant to travel. If you travel, you will need to return to the US before the expiration on the AP paper doc or the AP/EAD card. You will probably get the card. Examine it carefully to make sure AP is endorsed on it. If it is only EAD, you cannot use it for travel.

So based on your response, it should be OK to return using the AP even after a year as long as it is before AP expiration.

[desanar]

Oh H1 you can live out side country as much as 1 year, EAD applies GC rules so I think it is 6 months max, however you want to double check for 1 year duration

[Attorney_25]

Again, EAD is completely unrelated to travel and is not a status. It is only relevant to authorization to work. It does not give permission to be in the US. You can have authorization to work in the US yet not be permitted to be in the US.

There is no limit on how much time an H-1B can spend outside the US.

The limitation on being outside the US when AOS (I-485) is pending, when you are relying on AP for travel, is the expiration of the AP.

WARNING: The I-94 handed to you when you re-enter the US may have an expiration date later than the one on the AP document. You cannot use this I-94 to re-enter the US past the AP expiration date. The I-94 does not extend the AP.

[desanar]

If I have EAD/AP that is valid for 2 years, can I live outside country for 1 and 1/2 year and return to USA? I will pay tax while outside the country, have bank account, car and credit card. Will that be enough to maintain residency?

[pontevecchio]

You can stay out with a valid AP and return before it expires. Since you are not a PR as of now the question of maintaining Residency is redundant.

[desanar]

I consulted the senior Murphy Attorney on this issue and attorney confirmed as you mentioned that you can live out-side country as long as AP is valid, however he did not mentioned anything that do I have to maintain US residency to continue maintain I-485 application? Isn't it I have to be on payroll to review my EAD/AP combo card?

[desanar]

I also consulted different attorney to confirm the information that I can leave outside country as long as my EAD/AP is valid and return on the same AP, I can re-entry in USA, however it seems there is a conflict of opinion in attorneys. Other attorney mentioned that I have to maintain USA residency (stay in USA 181 days/year) to maintain pending I-485 case. It brings another question

[pontevecchio]

Absolutely wrong. YOU ARE NOT A PERMANENT RESIDENT. Hence you cannot maintain USA Residency. There is no conflict here. Attorney 25 spelt it out for you. Get the AP and you still have 2 years to maintain touch with your sponsor and maybe work for him from home in the interim.