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Travel while I797 Expired but I-765, I-140 and I-131 approved

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  • Travel while I797 Expired but I-765, I-140 and I-131 approved

    Am in H1B status and my GC is under process.

    I have got my EAD, AP & I-140 approved, on 09/17/2015 which is valid till 09/16/2016.

    But current H1 petition is getting expired on 11/09/2015 and the extension has been filed with USCIS on 10/14/2015.

    There is a request from my Organization to travel to India for a week early Dec (12/7 – 12/11).
    And I am the only one will be travelling, and my family will not travel.

    By going through the forums I understand that I can travel and return to US with AP. But in such case I will lose H1B status and assume Parolee status.

    If I lose H1B status my dependents would also lose H4 status. It should not be a problem for my spouse as she also got her EAD/AP approved.

    But not sure about my kids, as they don't have their AP approved, so far.

    if I assume Parolee status, by entering US with AP
    - Will they lose the status
    - Will they be able to travel in case of emergency, as they don’t have an approved AP.

    Thanks.

    Also please advise what are the documents I need to carry in case I can travel.
    Last edited by zenpkvijai; 10-17-2015, 03:23 PM.

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