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Travel with ap without h1-b stamped visa, i-485 ead renewal pending

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  • Travel with ap without h1-b stamped visa, i-485 ead renewal pending

    I have an approved I-797 with expiry Nov, 2023 but don't have the visa stamping for the same. I have a Pending I-485 and approved combo card (EAD + AP) which expires in Jan, 2022, I am planning to apply for extension of EAD + AP combined in Jul, 2021.

    Once the extension (EAD + AP) application is submitted to uscis, i want to travel out of country and come back to USA in 2 months using my current AP which expires on Jan, 2022.
    1. Will it effect my Pending I-485 AOS application ?
    2. Will it effect my extension (EAD + AP) application ?
    3. What will happen to my extension (EAD + AP) application, Both EAD & AP will be approved or only EAD will be approved ?
    4. I would like to continue working for my existing employer with the approved I-797 once i am back to USA by showing AP at the port of entry. At the end of this year i will travel to india for H1-B stamping. Is it possible or do i need file H1B amendment/extension to retain H1-B status and go for stamping ?
    5. Did anyone applied extension (EAD + AP), more than 180 days prior to the expiration of the EAD/AP Combo Card ?

    Please advise.

  • #2
    Hi,
    Please see my response below.
    Will it effect my Pending I-485 AOS application ?
    Answer: Probably not.
    Will it effect my extension (EAD + AP) application ?
    Answer: Probably not.
    What will happen to my extension (EAD + AP) application, Both EAD & AP will be approved or only EAD will be approved ?
    Answer: The USCIS statement “Emergency Travel” on its website now states, “At times, an individual may have an approved advance parole document while a second one is pending. Individuals may travel on the approved [advance] parole document, provided the document is valid for the entire duration of the time abroad. The pending Form I-131 will not be considered abandoned in this situation.”
    I would like to continue working for my existing employer with the approved I-797 once i am back to USA by showing AP at the port of entry. At the end of this year i will travel to india for H1-B stamping. Is it possible or do i need file H1B amendment/extension to retain H1-B status and go for stamping ?
    Answer: Once you travel on AP, Your H1B status will be gone. If you want to reinstate, you will need to file H1B Ext petition again then go for visa stamping.
    Thanks

    Comment


    • #3
      Thanks rkk09 for the information.

      I have one more doubt on the same, can i travel immediately after filling the EAD+AP renewal or do i have to wait until i get the extension receipt?

      Please see below for detailed information:

      I have a current combo card (EAP+AP) that is expiring on Jan 3rd, 2022. I am planning to file an I-485 EAD/AP renewal on Jul 7, 2021, and it will be delivered to USCIS by Jul 8th, 2021.

      Once it is delivered, I am planning to travel out of the country on Jul 10th, 2021, and come back after 2 months using my existing AP.

      To file an EAD/AP renewal we have to be in the USA, so I will be filing it from the USA and will be traveling immediately.

      Is it okay or do I have to wait until I get the EAD/AP renewal receipt from USCIS?

      Comment

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