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H1B Transfer pending - Travel on AP

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  • H1B Transfer pending - Travel on AP

    Hello All,

    I have a valid AP till Oct and my GC application is through my husband's. I am a derivative applicant and I am on H1B independently. I got my AP/ EAD approved and valid till 2008 Oct.

    I recently changed job from company A to B and my H1B transfer petition for Company B is still pending at the USCIS. My original petition from company A is valid till 2009 though. I only have the receipt from comapny B. I need to travel to India urgently.

    Can I travel on AP? Will it abandon my H1B transfer application pending at the USCIS? My attorney says that my return on AP will not abandon my H1B status and H1B transfer that is pending at USCIS will not be affected. I know about the first one, my H1b status is safe. Will a travel on AP affect my H1B transfer application?

    Thankyou.

  • #2
    zz
    Originally posted by ganjamachu
    Hello All,

    I have a valid AP till Oct and my GC application is through my husband's. I am a derivative applicant and I am on H1B independently. I got my AP/ EAD approved and valid till 2008 Oct.

    I recently changed job from company A to B and my H1B transfer petition for Company B is still pending at the USCIS. My original petition from company A is valid till 2009 though. I only have the receipt from comapny B. I need to travel to India urgently.

    Can I travel on AP? Will it abandon my H1B transfer application pending at the USCIS? My attorney says that my return on AP will not abandon my H1B status and H1B transfer that is pending at USCIS will not be affected. I know about the first one, my H1b status is safe. Will a travel on AP affect my H1B transfer application? NO. But validity of your base H1 should not get expired before transfer takes place and while you are out side US
    Thankyou.

    Comment


    • #3
      Thankyou so much. My original H1B petition from company A is valid till 2009 and the transfer petition for company B is pending. So, I guess, I should be safe to travel now correct?

      Comment


      • #4
        yes


        Originally posted by ganjamachu
        Thankyou so much. My original H1B petition from company A is valid till 2009 and the transfer petition for company B is pending. So, I guess, I should be safe to travel now correct?

        Comment

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