AP Extension VS H1B Extension - Travel Query

[ibbu_arif]

Hello,

Following is my current Status

Pending I-485 Application, AP valid till Dec 6th 2008 and EAD Valid till Oct 2010.
Already applied for AP extension on Oct 10 2008 and awaiting for Approval.

Parallel my employer applied for my H1B extension for 3 years ( I already completed my 6 yrs of H1B). It is already approved and I have a Approved/Valid H1B document till May 30 2011.

Please NOTE that I am still with my H1B Status with my employer. Didn't use my EAD for I-9 forms.
But I had travelled on "AP" in April 2008 for a week to Visit my sick mother...

Now the Problem/Question:
--------------------------

1. I had to Visit India in Jan 2009. I already booked my tickets for Jan4th (you know how it is , you always have to book earlier ), with an anticipation that I will get my AP extension Approved before that time. (I gave 3 months time for myself)

2. What if my AP extension doesn't get approved before I leave (if at all I leave) . Can I appear for my H1B/H4 Visa stamping using my H1B documents that are valid till 2011 ?
Am I really allowed to leave without disturbing my AOS application status ?

3. Since I travelled once on my AP (but never changed my work status to EAD) , will my status get automatically changed from H1 to "Immigrant Status" ?

4. If I get my H1B visa stamped, will their be any effect to my current AOS ? I have friends who are applying for H1B visa stamping though they have EAD/AP/Pending 485 with them. The only difference between them and me is that a) I already travelled once on AP , b) My AP extension is NOT approved yet.

Can you please reply to my queries in detail. This will help me understand whether I can take the risk of leaving the country without AP approval even though I have the valid H1B till 2011.

Thanks
Ibbu

[txh1b]

What/where is the question? If you already traveled on AP, you are a parolee and need to use EAD with your employer.

[ibbu_arif]

Thanks for your reply.

Hmm. That is suprising to me. I never changed my Work Status with my employer to EAD.

I actually asked the same question to Attorney before travelling on my AP and he said my Work Status will still be on H1B.
Also when he was applying for my 3-Yr extension I again asked him, since I have travelled on AP why do we need to Apply for H1B extension ? He said they are entirely two different things.

Recently my employer asked me to show the proof of Work status and then I consulted my attorney again and he showed the "3-Yr Approval of H1B - till 2011" .

So I am totally confused ?

Also in my original post, my primary question is

- If I don't get my AP extension approval by Jan 4th , I am allowed to travel and get my H1B visa stamping done? (Assuming I am still on H1B as per my understanding, but from your reply I am already NOT..)

I am totally puzzled up now

[txh1b]

Yes, you can get back on H1b. To be sure, you should travel only after AP is approved.

This post will explain more about the H1b/EAD issue...

http://www.immihelp.com/forum/showthread.php?t=43523

[ibbu_arif]

Thanks for your reply again and thanks for the reference post.

I didn't realize that it is going to be that complicated. I am glad that I posted the query to this wonderful forum.

Now few final questions (hopefully) ,

- Unlike to the post in the reference link, I do have a Valid EAD till 2010 and valid H1B till 2011. It is the AP extension that I am waiting for.
From, your last reply, I shouldn't be leaving the country WITHOUT my AP getting approved no matter whether I use AP to re-enter or use a new H1B Visa stamp .
Am I right in confirming that?

- What will happen to the pending AP extension petition if I travel without it getting approved.? Will that effect my pending 485 status tooo? Looks like I shouldn't travel, but curious to know.

- Having filed in Oct 10 2008, do you think I have sufficient time to get my approval before Jan 4 2008.

Jeez , with all this, I guess I have to tell my brother in law to postpone his marriage.. I am sure he is going to blast me

Thanks
Ibbu

[txh1b]

By using AP in the past, you have become a parolee. You should not leave without AP unless you want to abandon your GC petition. I think you have a chance to get your AP approved before Jan.