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?
Traveling abroad while I-485/AOS is being processed (H1b holder)
in Adjustment of Status from Work, Student, & Tourist Visas
Posted
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