Urgent - Need HELP

[ruchitab]

i have applied for AOS for myself and my wife and USCIS has received the application on August 2, 2007.

We both are on H1B.

mY H1 visa for six year and visa stamping expires on December 14, 2007.
My wife's H1 visa stamping expires on September 2008.

If I do not get my EAD and AP before Dec 15, 2007 and got my H1 renewed (by using premium processing), can I leave the country in January 2008 and come back using approved H1B. Assuming that i got it stamped in US consulate in INdia.

I heard that if I apply for EAD and AP, then I can not leave the country till I get the decision on my case. and same thing is appliable for my wife since I have included her on my GC application.

Please let me know what should me and my wife do?

We need to go to india in january for some family reason.

Thans in advance,

[grcnh]

Travel without AP

After filing for 485, you cannot leave the country before getting your AP. The whole point of applying AP is that you can leave (and reenter) US while your application is being processed.

Unless your attorney tells you otherwise, I think you have a choice to make. Travel without AP and risk your petition or drop your travel plans.
Good Luck.

[ruchitab]

Thanks for the reply but Iam still confused.

If I get my H1 renewed and approved before Dec 15, 2007 and go to india ..get it stamped ..then why I can not enter the country on my H1 status. I can show INS that I have applied for I-485 so I can stay beyond 6 six year term..

Sorry to raise more questions.. but I would like to know what is the USCIS logic in saying that you can not leave the country before getting AP...

what if somebody is not using the AP and using H1 status to re enter

any help would be highly appreciated...I am also talking to lawyer to get some clarification on this process.

Thnaks,