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Need to travel - Approved AP, H1 in hand

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  • Need to travel - Approved AP, H1 in hand

    Hi
    Sorry if this is re-post. I did search lot of forums before posting this question but could not find exact answer.
    Here is my situation.

    H1 - Approved petition till Aug-2013 (got 3 yrs extension due to approved 140 in 2010)
    I-485 - Filed, priority date May-2008 (not current)
    EAD - Approved EAD till Apr 2013
    AP (Advance Parole) - Approved AP till Apr 2013
    Planned Travel - Jan 2013 (for 3 weeks)

    Is traveling to India good now? If so, Shall I go on AP (in which case my EAD gets invoked automatically) or go for Visa stamping and come back on H1? (Risk of H1 stamping being denied in India is there)
    -Should I get an extension again on H1 and then travel to India after August?

    Though travel at this time is not mandatory, I wanted to visit India to see my parents as it is almost 4 years now.

    Thank you so much for taking time and reading my query. Appreciate a lot for your response as I am totally confused and don't know what to do.

    Thx
    Jai

  • #2
    You can travel on AP without any problems.
    Your EAD gets invoke when your I-485 denied.
    You can still works on H1 and travel on EAD - No problem

    If you have any problem in future with your I-485 you can be on H1.

    You no need to go for stamping.
    You can apply for H1 extension without any problem.(Your I-140 have been approved so you get 3 yrs of H1 depends on your project/employment)

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    • #3
      Thanks for the immediate response.

      So, if I travel on AP, (without going for H1 stamping in India), I can come back on AP, with valid EAD in hand.
      At the port of entry, when I get in with EAD and AP, would the EAD would be invoked automatically and previous H1 becomes obselete?

      Can I file H1 extension for another 3 yrs based of approved I140 then?

      Thx for the patience answering my questions.

      Comment


      • #4
        Yesterday, I posted reply but it got deleted. (Server was not responding when I posted)

        - When you come back on AP your status is a "Parolee" means your AOS is pending. it doesn't effect your H1.
        - You can apply for extension of H1 any time.
        - you can keep both EAD and H1 handy, in case any thing happen to I-485 you can switch to H1.
        - If you are working with the same employer who filled to GC, then there is no worried, you can keep working on H1 or EAD. its your choice.

        - Your EAD never revoke, until your I-485 is pending & EAD validity is current.
        - Once your EAD expire you can renew it.

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