H1B expired and need to travel on AP

[helpall]

I have currently filed for I485 (change of status); EAD and and AP. I have received my AP document, but not EAD, however, my H1B has expired with my current employer. My current employer did not file for H1B extension as we were expecting the EAD to come through.

Can I still travel to India and get back into USA using my AP document? Thanks in Advance.

Regards
Helpall.

[bondead]

helpall,

Your travel should be okay with the AP that you have.
But after you return if you use AP then you would have
to use EAD to work since you then no longer will be on
H1B. If by that time you have the EAD in the mail then
there should be no problem. Otherwise you would have to
wait for it or else get an interim EAD from local INS
office.

In short EAD is not required for travel.

[Nalin123]

Helpall,

I need some information from you.

After your H1B expired and before EAD(or Interim EAD) came, you continued to work with same employer or left the job or was on unpaid vacation with same company?

I am in same boat. My H1B expires pretty soon and I have filed for 485/Adv.Parole/EAD, but none has been approved yet. Attorney says that take unpaid vacation from day VISA expires till 91st day of filing of EAD(so that i can get Interim EAD) and join compnay again. If I dont do that then I will be working illegally and will affect 485. Also as per him I am in status, if I file for 485.

Can you throw some light as you have gone through this.

Thanks,
Nalin123