Travel with expired H1B and pending EAD/AP while on H1B

[patil]

My wife is planning to travel to India in the next few months. She has valid work permit and is working on H1B but has expired H1B visa. She has valid EAD/AP (through my GC process) which are due to expire in Nov. We have applied for EAD/AP renewal last week.

When she travels to India, she is planning on getting the H1B visa renewed. My question is: does anyone reading this see a foreseen risk? At the time of H1B visa interview, she will have EAD/AP expired but pending for renewal.

Thanks for the feedback.

[PraetorianXI]

Yes, there is a risk.

If the H1B is denied, then she can not re-enter using an expired AP... and by having left the USA and failed to re-enter before the AP expired (and not having an approved renewal) she is abandoning her AOS.

[patil]

Thank you Praetorian.

[PraetorianXI]

Thank you Praetorian.

Either wait for the AP renewal to be approved or not travel at all.