AP denied after traveling on H1-B?

[boogiewoogie]

L1B is dual track. You dont need AP. Surprised they even approved it when you have a valid L1 visa.

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H1-B is dual track. Nothing is abandoned

Well its not approved yet and i know L1 is dual track but i'm adjusting status based on c9 not through employment.
Still waiting for my EAD/AP to come in..

[azblk]

Well its not approved yet and i know L1 is dual track but i'm adjusting status based on c9 not through employment.
Still waiting for my EAD/AP to come in..

The point I was making is that as long as you have valid H1b/H4/L1/L2/K3/K4/V visa then you dont need EAD/AP unless you plan to change jobs or give up that status.

[flyforever85]

I can confirm. A friend of mine applied for the green card with I-140. She is like me and H1B. Last July she travelled to Canada for work, left and re-entered with H1B. Her AP was denied because of that trip. As a matter o ffact I didn't even apply for my I-131 since I have to travel for work in Asia. I saved little time e 2 photographs.

[kukumjacka]

Risk what? It's explicitly written in federal regulations that I-485 is not abandoned by someone who has H1b/H4/L1/L2/K3/K4/V status when they leave the US and re-enter the US with the same type of visa.

I'm sorry, don't you live in the same country we all live in? Don't you know what is going on? Don't you read news?
In a time when immigration regulations seem to change on a whim, being brave is being foolish.

Then again... it could just be me.

[newacct]

I'm sorry, don't you live in the same country we all live in? Don't you know what is going on? Don't you read news?
In a time when immigration regulations seem to change on a whim, being brave is being foolish.

Then again... it could just be me.

Regulations, officially published in the Code of Federal Regulations, cannot be changed quickly. It requires a public comment process that often takes years.

[kukumjacka]

Technically every person in the US, be it legal or illegal, citizen or non citizen has the same rights. Yet many are being denied the right to due process, to an attorney, to a speedy trial, etc etc etc...
And when our prez decides, on a whim, to ban people from coming in, as in very recent memory, and ICE going nuts left and right harassing citizens and non citizens alike, I can't help but be very suspicious of what passes for laws and regulations these days.

I'm a citizen, i'm white, I live in SF Bay which is full of immigrants, I have almost no detectable accent, I am a trusted traveler due to my membership in Global Entry and I carry my passport card with me because I don't want to be a line item on some overzealous ICE agent's daily report. And when at a border crossing I respect and obey what CBP tells me. Sorry but there are some battles you just can't win.

[azblk]

I can confirm. A friend of mine applied for the green card with I-140. She is like me and H1B. Last July she travelled to Canada for work, left and re-entered with H1B. Her AP was denied because of that trip. As a matter o ffact I didn't even apply for my I-131 since I have to travel for work in Asia. I saved little time e 2 photographs.

point is you DONT need AP if you on H1b/H4/L1/L2/K3/K4/V

[Zhen Liu]

I can confirm. A friend of mine applied for the green card with I-140. She is like me and H1B. Last July she travelled to Canada for work, left and re-entered with H1B. Her AP was denied because of that trip. As a matter o ffact I didn't even apply for my I-131 since I have to travel for work in Asia. I saved little time e 2 photographs.

Thanks so much for the info. That exactly answers my question whether I should risk traveling abroad or not with my valid H1B visa while I-131 pending!
The situation is very disturbing. Although legally H1B should be allowed to travel without abandoning the I-131 but I start to read such news here and there since last August.
Sigh.

[scientist2016]

Thanks so much for the info. That exactly answers my question whether I should risk traveling abroad or not with my valid H1B visa while I-131 pending!
The situation is very disturbing. Although legally H1B should be allowed to travel without abandoning the I-131 but I start to read such news here and there since last August.
Sigh.

As newacct has pointed out, your AP cannot be denied on the basis of abandonment, if you travel using L or H visas. However, early last year there apparently have been cases of departure from this, and AILA and other organizations have brought it up to the USCIS' notice. Later publications have noted that things seem to have returned back to normalcy. Anything other than these facts is simply fear mongering.

To sum it up:
(1) You can travel freely using your valid H & L visas, without the fear of abandonment.
(2) Even if by chance your AP is declined citing abandonment, it does not affect your I485 petition . And as newacct pointed out you can always reapply for the AP, since it is free with the I485.

[boogiewoogie]

point is you DONT need AP if you on H1b/H4/L1/L2/K3/K4/V

OF course you don't need one if one of those above is still valid, BUT i think many folks are in the process of transition and some of them have current visa's that are to expire.
For me for instance:
L1 visa valid til April 19th 2018
married may 2017
applied for EAD/AP/AOS December 2017

My EAD and AP have not been approved yet and i will be travelling for work to my homecountry early April. i will be returning 4 days before my L1 expires so im hopeful they will let me in on my L1.
I also know that my AOS application will not be considered abandoned because i'm traveling on a valid L1 visa.
The question is though, will they consider my AP application abandoned?

I guess i will update you guys once i'm back in the country to see if the fears are valid
And yes i could always apply for AP again since its free with a pending AOS.

[azblk]

OF course you don't need one if one of those above is still valid, BUT i think many folks are in the process of transition and some of them have current visa's that are to expire.
For me for instance:
L1 visa valid til April 19th 2018
married may 2017
applied for EAD/AP/AOS December 2017

My EAD and AP have not been approved yet and i will be travelling for work to my homecountry early April. i will be returning 4 days before my L1 expires so im hopeful they will let me in on my L1.
I also know that my AOS application will not be considered abandoned because i'm traveling on a valid L1 visa.
The question is though, will they consider my AP application abandoned?

I guess i will update you guys once i'm back in the country to see if the fears are valid
And yes i could always apply for AP again since its free with a pending AOS.

OH I see what you were saying

[newacct]

The question is though, will they consider my AP application abandoned?

Based on reports, AP application will be considered abandoned by TSC, but not by NSC. Though if it is denied you could just file it again for free when you get back.

[flyforever85]

point is you DONT need AP if you on H1b/H4/L1/L2/K3/K4/V

Yes. But. If tomorrow the companies fires me I lose the sponsor of my h1b and I think I cannot use it anymore, am I wrong? So, I can stay in USA since my 485 is pending but can't travel anymore since I don't have the AP and I could not apply before.

[azblk]

Yes. But. If tomorrow the companies fires me I lose the sponsor of my h1b and I think I cannot use it anymore, am I wrong? So, I can stay in USA since my 485 is pending but can't travel anymore since I don't have the AP and I could not apply before.

I think the USCIS takes the view that you a dual track valid visa currently. They dont take into account hypothetical future firings

[newacct]

I think the USCIS takes the view that you a dual track valid visa currently. They dont take into account hypothetical future firings

I think people were responding to your statement they "don't need AP" if they have H1b/H4/L1/L2/K3/K4/V status. They are saying it is still a good idea to apply for AP, which is free, just in case they lose that status in the future, so they can still travel abroad in that unfortunate circumstance. Also, even if they have that status, if they need to renew the visa abroad, it might get stuck for a long time in Administrative Processing, in which case they can return on AP if they need to return quickly. So there are many reasons to apply for an AP just in case.