AP denied after traveling on H1-B?

[nightwings]

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.

Thanks much for the info. Now I travelled internationally and reentered US with my H1B visa without problem.
Unfortunately, when I check my wife's and my I131s' status today, my wife's got approved (who hasn't travelled) and my is still pending.
Wondering if this implies that mine is considered abondanded. Will affect my future travelling quite a bit, as my H1B expires in 10 days.

[Guy]

1. Do you need to have a valid approved or is an H1B extension in process suffiicient to leave the country?
2. Of course I plan to come in after H1B stamped (hoping H1B extension approval goes thru fine while I am in India)

[geforce]

1. Do you need to have a valid approved or is an H1B extension in process suffiicient to leave the country?
2. Of course I plan to come in after H1B stamped (hoping H1B extension approval goes thru fine while I am in India)

I took my h1b extension 797 ( recieved before ead) and ead/ap to infopass appointment last week. Immigration officer told me to use ead to enter country. I will still take every document, as you should.

[krypton9591]

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.

actually the only right someone here illegally has(unless they are hear with a pending AOS or other visa application) is the right to be removed and sent back to their home country. Due process is available to citizens of the United States. not someone who is undocumented and has no legal rights in a country they're not a citizen of.

[newacct]

actually the only right someone here illegally has(unless they are hear with a pending AOS or other visa application) is the right to be removed and sent back to their home country. Due process is available to citizens of the United States. not someone who is undocumented and has no legal rights in a country they're not a citizen of.

The Constitution guarantees everyone in the US due process, including illegal immigrants. The Supreme Court said in Plyler v. Doe (1982):

"Appellants argue at the outset that undocumented aliens, because of their immigration status, are not 'persons within the jurisdiction' of the State of Texas, and that they, therefore, have no right to the equal protection of Texas law. We reject this argument. Whatever his status under the immigration laws, an alien is surely a 'person' in any ordinary sense of that term. Aliens, even aliens whose presence in this country is unlawful, have long been recognized as 'persons' guaranteed due process of law by the Fifth and Fourteenth Amendments."

[nightwings]

Thanks much for the info. Now I travelled internationally and reentered US with my H1B visa without problem.
Unfortunately, when I check my wife's and my I131s' status today, my wife's got approved (who hasn't travelled) and my is still pending.
Wondering if this implies that mine is considered abondanded. Will affect my future travelling quite a bit, as my H1B expires in 10 days.

Shoot, today I received notice that my case was denied due to travling aborad with my H1B status.