Travelling on valid H1B approval (not stamped) without AP

[atx30]

I am LPR and my wife's PD is current (Nov 2017) according to July VB, as it say "For Family-Sponsored Filings: You must use the Dates for Filing chart". Her H1B is approved and valid till May 2021, and Visa is not stamped yet.

Her i-130 is not approved yet, so can she travel before AP approval ? Even-if it is denied, we are fine, as her H1-B is valid. Also, can we file I-485 with EAD but without AP ?

I know this question is asked several times before, but I have heard contradictory answers on this and anyone know if anybody traveled without AP but with valid H or L visa recently.

[ic1101]

You can, but her I130 will be denied afterwards (you can refile it). However, it can be risky as the H1B visa can be denied. If she is not working for a major company in a high paying engineering role I wouldn?t risk that.

[atx30]

You can, but her I130 will be denied afterwards (you can refile it). However, it can be risky as the H1B visa can be denied. If she is not working for a major company in a high paying engineering role I wouldn?t risk that.

Thanks, why would they deny i-130 ? DO you mean i-131? She is in healthcare field in one of the largest organization in US.

[newacct]

You can, but her I130 will be denied afterwards (you can refile it). However, it can be risky as the H1B visa can be denied. If she is not working for a major company in a high paying engineering role I wouldn?t risk that.

I think you meant I-131.

[ic1101]

Yes sorry, current policy is to cancel a pending I131 (AP) if you travel during that time, even if you have a visa which entitles you for the travel (e.g. h1b).