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Travel while L1 Extension filed and return with EAD through spouse

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  • Travel while L1 Extension filed and return with EAD through spouse

    Hi,

    I have L1-B visa which has expired on July 27th 2012. My company applied for extension in June 2012 and received an acknowledgement from USCIS in June and is still pending. My husband is on H1-B and i filed for my EAD and AP on his H1. I received my EAD and AP in May 2012. I am planning to go to India in Sept.

    My question is

    - If i travel to India and my L1 extension is not yet approved when i come back , can i enter US on my AP/EAD and still continue to work on L1 visa?
    - If i travel to India and my extension is approved while i am in India, should i go for my Stamping before returning to US? If for any reason my L1 stamping is rejected, can i still return on AP/EAD?
    - If i return to US on EAD (Irrespective of whether L1 extension is approved or still pending) will it invalidate my L1 visa?
    - If i return to US on L1 visa , will that invalidate my EAD.

    Can someone please advise me on what are my options.

    Thanks in advance.
    Sukiboo

  • #2
    Originally posted by sukiboo View Post
    Hi,

    I have L1-B visa which has expired on July 27th 2012. My company applied for extension in June 2012 and received an acknowledgement from USCIS in June and is still pending. My husband is on H1-B and i filed for my EAD and AP on his H1. I received my EAD and AP in May 2012. I am planning to go to India in Sept.

    My question is

    - If i travel to India and my L1 extension is not yet approved when i come back , can i enter US on my AP/EAD and still continue to work on L1 visa?
    - If i travel to India and my extension is approved while i am in India, should i go for my Stamping before returning to US? If for any reason my L1 stamping is rejected, can i still return on AP/EAD?
    - If i return to US on EAD (Irrespective of whether L1 extension is approved or still pending) will it invalidate my L1 visa?
    - If i return to US on L1 visa , will that invalidate my EAD.

    Can someone please advise me on what are my options.

    Thanks in advance.

    Sukiboo
    How come you have an EAD on a H1 ? You mean you have got the EAD/AP through the GC process? if yes, you can use it to travel to US in case your L1 gets denied (petition/interview). But once you use the AP to enter US you cease to be in L1 status and if the 485 gets denied you will have to leave immediately

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    • #3
      Originally posted by rvisak View Post
      How come you have an EAD on a H1 ? You mean you have got the EAD/AP through the GC process? if yes, you can use it to travel to US in case your L1 gets denied (petition/interview). But once you use the AP to enter US you cease to be in L1 status and if the 485 gets denied you will have to leave immediately
      I have an EAD through my husband's H1 under Family GC processing.
      Can i get answers to my other questions?

      - If i travel to India and my L1 extension is not yet approved when i come back , can i enter US on my AP/EAD and still continue to work on L1 visa?
      - If i return to US on EAD (Irrespective of whether L1 extension is approved or still pending) will it invalidate my L1 visa?
      - If i return to US on L1 visa , will that invalidate my EAD.

      Sukiboo

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