Travel on AP when H1-B extension is in background check

[vp09]

Hello,

My H1-B extension (8th year) was filed in Nov 2008 with Premium Processing but is still pending with USCIS because of background check. My previous H1B approval has expired on 3/31. I have a valid EAD & AP. Is it possible to travel and re-enter on AP while the H1-B extension is undergoing background check?

1) Will the pending H1-B extension background check cause issues at the POE when I re-enter on AP?
2) Will the pending H1-B extension become invalidated when I re-enter on AP?

Thoughts appreciated.

[txh1b]

1. May or may not. Did you have any brush with the law?
2. No, but you become a parolee and need a EAD to work. Once H1b is approved, you can be on H1 based on last action rule if you travel and re-enter on it.

[vp09]

Thanks for your reply.

1- None whatsoever. I wasn't even aware a background check was part of H1B extension - I thought it was routine for the 485. Any thoughts on what this background check is? We (my company or I) have not been able to get more info on the check from the USCIS. My case is with the VSC and has been untouched since filed premium in November 2008 - receipt date 11/21/2008, LUD 11/25/2008.

2- I do have a valid EAD so I should be covered there.

[sam251]

Please reply

Thanks for your reply.

1- None whatsoever. I wasn't even aware a background check was part of H1B extension - I thought it was routine for the 485. Any thoughts on what this background check is? We (my company or I) have not been able to get more info on the check from the USCIS. My case is with the VSC and has been untouched since filed premium in November 2008 - receipt date 11/21/2008, LUD 11/25/2008.

2- I do have a valid EAD so I should be covered there.

I have exactly same case as you had. Please share your experience what this background check was and how much did it take to clear.

[sam251]

Share experience

I have exactly same case. Please share your experience what this background check was and how much time did it take to clear.