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International travel w/o AP on H1B

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  • International travel w/o AP on H1B

    My I-485 is filed and I have not applied for EAD/AP.

    I am still maintaining the H1B Status. However my H1B stamp is expiring on 10/20/2003. (Have a H1B approval till 10/20/2004).

    My employer is claiming I do not need AP to travel outside US as long as I maintain my H1B. Based on this I am planning to travel to Canada on 10/16/2003 to get my H1B revalidated. I also have a need to travel to Europe in Nov on business.

    Is my employer correct?

    Will I have any issues on revalidation if I show that I have applied for Immigrant visa?

    Will appreciate if someone can reply to me immediately.

    Thanks in advance

  • #2
    Travel on H1B

    I was in this situation last year and got my passport re-stamped at the Canadian border without any trouble. The only issue was that the immigration officials didn't quite understand how important it was that they stamped my passport!
    If your H1b status is current, I don't see that you would need to mention your filing for an immigrant visa. If you are asked, you are doing nothing wrong by travelling on your valild H1. AP is only needed if you have applied for and begun using an EAD, as I understand it.

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