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Using H1-B (I-485 Pending) for travel (different employer for spouse)
My spouse's employer filed for I-140 & I-485 (concurrent filing) along with EAD /AP last year under EB3 when dates were current. I was the secondary applicant for I-485, EAD/AP and work for a different employer under H1-B status.
My employer also filed Labor Certification for me more than 2 years ago and is pending for more than 365 days and I got my H1-B 7th year extension approved. I am planning to get my H1-B Visa stamped in INDIA.
My spouse I-140 got approved last year and we both got EAD/AP. my spouse is planning to use AP and I want to use my H1-B for travel to INDIA this summer.
We want to know if it is OK for me to use my H1-B Visa to re-enter USA with out jeoparadising my pending I-485. (with out using AP/EAD that i got through my spouse).
Do I need to carry the original I-485 receipt at the port of entry? If not what will happen? (we can only get a photo copy from her employer)
If I use the AP what will happen to my H1B status with my employer? (different from my spouse's employer)
Thanks in advance.
Regards
Sara
My employer also filed Labor Certification for me more than 2 years ago and is pending for more than 365 days and I got my H1-B 7th year extension approved. I am planning to get my H1-B Visa stamped in INDIA.
My spouse I-140 got approved last year and we both got EAD/AP. my spouse is planning to use AP and I want to use my H1-B for travel to INDIA this summer.
We want to know if it is OK for me to use my H1-B Visa to re-enter USA with out jeoparadising my pending I-485. (with out using AP/EAD that i got through my spouse).
Do I need to carry the original I-485 receipt at the port of entry? If not what will happen? (we can only get a photo copy from her employer)
If I use the AP what will happen to my H1B status with my employer? (different from my spouse's employer)
Thanks in advance.
Regards
Sara
