advise needed, date current, travelling, should i enter on AP or go for stamping

[venkat p]

Dear Friends,
Need quick advise...we finished our finger prints couple of days back and i guess r in the waiting game.

We have a 2 week travel coming in couple of weeks. I need Guru's advise on few issues.

I never used my EAD, was maintaining my H1 status til now. At this point of GC do you suggest i go for stamping or enter back on AP.

Is it safe for the whole family to travel or do you think i should wait here for any further communication from USCIS.

Please input ur suggestions.

[venkat p]

pls suggest

[GCHope2011]

Dear Friends,
Need quick advise...we finished our finger prints couple of days back and i guess r in the waiting game.

We have a 2 week travel coming in couple of weeks. I need Guru's advise on few issues.

I never used my EAD, was maintaining my H1 status til now. At this point of GC do you suggest i go for stamping or enter back on AP.

Is it safe for the whole family to travel or do you think i should wait here for any further communication from USCIS.

Please input ur suggestions.
My advise - dont bother for stamping. Assuming all the members in your family have valid APs, just go ahead and use AP while returning. There is no need to wait for GC approval to come through, or even postpone your trip as you are current.

As you are on H1, and will resume working for the same employer on your return, you H1B status will still be valid, even if you use AP to re-enter (I did that 5 times before I was approved).

[vinzak]

Agree with GC hope above.

But remember, if your GC is approved before your travels, you cannot exit the country without the physical GC in your hand, or an ADIT stamp in your passport.

You can get an ADIT stamp by going to the ASC ( application support centre) and telling them you have been approved, need to travel and haven't received your Card yet. Take your tickets/itinerary with you.

[mhssatya]

We can come back on AP and still be on H1B status. Even if the H1B stamping on the passport expired. Correct?

My advise - dont bother for stamping. Assuming all the members in your family have valid APs, just go ahead and use AP while returning. There is no need to wait for GC approval to come through, or even postpone your trip as you are current.

As you are on H1, and will resume working for the same employer on your return, you H1B status will still be valid, even if you use AP to re-enter (I did that 5 times before I was approved).

[venkat p]

We can come back on AP and still be on H1B status. Even if the H1B stamping on the passport expired. Correct?

my lawyer says otherwise...the minute we enter on AP, looks like we will forgo the H1 status. And we will come on to EAD.