Urgent Advice needed: Pls help

[rashu_gulati]

Hello
We have family emergency and need to travel asap

Advice from IV members needed about the situation

My h1 is apporved till May 2008(It's not stamped though)

I got my receipts for 485 filings (131,765 and 485).

I need to travel urgently to India.
Can i travel without AP? If yes, any risk with my EAD?

I can get H1 stamped and come back on H1 but would that in anyway risk to my EAD. Pls advice

[kaisersose]

Originally Posted by rashu_gulati

Hello
We have family emergency and need to travel asap

Advice from IV members needed about the situation

My h1 is apporved till May 2008(It's not stamped though)

I got my receipts for 485 filings (131,765 and 485).

I need to travel urgently to India.
Can i travel without AP? If yes, any risk with my EAD?

I can get H1 stamped and come back on H1 but would that in anyway risk to my EAD. Pls advice

No risks at all.

Get your H-1b stamped and enter on H-1b. Do not forget to carry your 485 original notice with you.

[joshNJ]

I attended a conference call by IV and the lawyer mentioned you can travel home if you have valid H1 or go home if and get a valid H1 stamped based on i797 after filing I 485.

[am4gc]

No problems. If you haven't given the finger printing yet, tell you lawyer to rescedule it if the notice comes in your absence.

[rashu_gulati]

ok will do that for my FP notice. My one concern was if I come back on stamped h1 , can i still work on EAD after coming back?
Coming back on h1 won't abandon my EAD or AP or 485 status right

[crystal]

It will not abandon EAD and 485 for sure. I am not sure about AP .

Originally Posted by rashu_gulati

ok will do that for my FP notice. My one concern was if I come back on stamped h1 , can i still work on EAD after coming back?
Coming back on h1 won't abandon my EAD or AP or 485 status right

[smaram1]

It wont abandon ur EAD and AP..u r totally fine..

[bomber]

Originally Posted by smaram1

It wont abandon ur EAD and AP..u r totally fine..

The instructions on AP application mention that your pending AP application is considered abandoned if you travel before it is approved.. you know anyone who traveled before AP approval and later got it approved?

[gc_check]

Originally Posted by rashu_gulati

Hello
We have family emergency and need to travel asap

Advice from IV members needed about the situation

My h1 is apporved till May 2008(It's not stamped though)

I got my receipts for 485 filings (131,765 and 485).

I need to travel urgently to India.
Can i travel without AP? If yes, any risk with my EAD?

I can get H1 stamped and come back on H1 but would that in anyway risk to my EAD. Pls advice

Notice you have received your receipt notice for Advance Parole. Contact you local congressman/senator and requeste for AP (emergency AP) through them from USCIS and you should receive AP in a day or two, if you prefer travelling using AP. I know folks have done this in past. You can also travel using your H1.
http://www.house.gov/writerep/

[gceverywhere]

Originally Posted by rashu_gulati

ok will do that for my FP notice. My one concern was if I come back on stamped h1 , can i still work on EAD after coming back?
Coming back on h1 won't abandon my EAD or AP or 485 status right

I'm not sure if you already have approved EAD or not. But just receiving EAD doesn't change your status to EAD. In order to be on the EAD status, you actually have to request your employer to change your status to EAD instead of H1. So, if you have always been on H1 status and never 'used' EAD, then you are fine. Just get your H1 stamped before returning. If you have already 'used' EAD then it's a different story. You may have to obtain AP. Better check with your attorney. JMHO..

[crystal]

I know that we cannot mail approved AP to another country and ask him to come on AP if it is apporved while a person is in aborad. I am also under the impression that AP is considered abandoned if you tracel before it is approved.but i am not sure

Originally Posted by bomber

The instructions on AP application mention that your pending AP application is considered abandoned if you travel before it is approved.. you know anyone who traveled before AP approval and later got it approved?

[rashu_gulati]

Thanks but when i spoke to a lawyer he said requesting for Expedite processing may result in further delay
Also when you said AP can abandon so that means I lose EAD too right? How will i travel next yr if I abandoned my AP and used EAD
I know i am asking lot of questions but I am really confused but my travel is also very important as my dad is admitted

[rashu_gulati]

Say, in worst case scenario - I AP gets rejected / abondoned becasue I was outside the country -

a) Does that affect my EAD status ?

b) If yes, can I reapply for my AP / 131 without any dependency of priority date ?

[crystal]

--

Originally Posted by rashu_gulati

Say, in worst case scenario - I AP gets rejected / abondoned becasue I was outside the country -

a) Does that affect my EAD status ?

it does not effect ur EAD
b) If yes, can I reapply for my AP / 131 without any dependency of priority date ?
You can apply anytime once u come back.

[roseball]

Originally Posted by rashu_gulati

Say, in worst case scenario - I AP gets rejected / abondoned becasue I was outside the country -

a) Does that affect my EAD status ?

b) If yes, can I reapply for my AP / 131 without any dependency of priority date ?

EAD and AP applications are totally independant.....You being out of the country does not in any way affect your EAD processing..You are fine even incase its approved while you are outside US...

However, its not the same with AP.....AP is considered abandoned if you travel while its still pending....But you can always re-apply when you come back......No issues for you at all since you can re-enter on H1 after getting it stamped......Carry your original 485 receipt notice with you...

Make sure to let your lawyer have the FP appointment re-scheduled, this is very important as they will consider your 485 abandoned if you dont show up for an appointment.....