Traveling abroad while I-485/AOS is being processed (H1b holder)

[y0g1b34r 0]

Greetings,

I'm a H1b worker (H1b status good til Oct 2012, although my visa stamp already expired), and my wife is on H-4. Our I-485, along with our EAD/AP applications, was received by USCIS May 30 2011. We are still waiting for the biometric appointment notice.

We are thinking about making a trip home mid August 2011. I don't know if we'll receive our Advance Parole in time for the trip.

My question is:

1. Is it allowed and safe to get back in to the US using our H-1b? I'll be ok with having to re-apply for a new H-1b stamp at the US Embassy in my country.

2. Will leaving the country before receiving EAD/AP (or adjudication of AOS) forfeit the AOS application?

3. If the AP arrives after we leave, we can arrange for it to be Fedex-ed to us to our home country. Can we then use that to re-enter US? In other words: can we leave before getting the AP, and then use the AP to get back in?

Thanks so much in advance!

YB

[JimVaPhuong 4,863]

Greetings,

I'm a H1b worker (H1b status good til Oct 2012, although my visa stamp already expired), and my wife is on H-4. Our I-485, along with our EAD/AP applications, was received by USCIS May 30 2011. We are still waiting for the biometric appointment notice.

We are thinking about making a trip home mid August 2011. I don't know if we'll receive our Advance Parole in time for the trip.

My question is:

1. Is it allowed and safe to get back in to the US using our H-1b? I'll be ok with having to re-apply for a new H-1b stamp at the US Embassy in my country.

2. Will leaving the country before receiving EAD/AP (or adjudication of AOS) forfeit the AOS application?

3. If the AP arrives after we leave, we can arrange for it to be Fedex-ed to us to our home country. Can we then use that to re-enter US? In other words: can we leave before getting the AP, and then use the AP to get back in?

Thanks so much in advance!

YB

H1's and H4's do not need advance parole to leave and reenter the US while their AOS is being adjudicated. Your AOS will not be considered abandoned if you leave the US. As long as your H1 and H4 visas are still valid, you can reenter the US. Keep your travel plans flexible, and make sure someone is checking your mail for you while you're gone. Be prepared to drop everything and return to the US if you're scheduled for the AOS interview before returning.