Traveling on H1B while AP pending

[jimenezgasco]

Hi, I have a question. It seems to me that the H1B/AOS connection is a bit blurry. So if H1B is valid one can travel with a pending AOS without the need of AP. I have done that with no problem. I want to apply for AP now since my H1B will expire in October, but need to travel during the summer. So my question is, can I travel on my H1B while I have a pending AP application?
Thanx!

[txh1b]

The AP should be approved before your travel if that needs to be used for the travel. Having said that, I am not sure about the validity of the AP for future travel if there was a travel earlier after it was applied on H1b status.

You can definitely travel on H1b while the AP is pending. But the use of the pending AP after it is approved is what I am not sure of. My mind says it should be valid for future travel.

May be check with your lawyer and report back to the forum so that other can benefit from it.

In your best interest, apply for AP after your summer travel. It should get approved in 60-90 days.

[jimenezgasco]

txh1b, thank you very much for your response!

I totally agree with you. I am also worried that AP will not be valid if I traveled while it was being processed. I will wait until I am done with traveling this summer and then apply. I will post in the forum whatever I find out regarding this topic.
Thank you so much again.

[txh1b]

Posting for future reference the official document allowing the travel for H1b/L1 employees without AP.

http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf