Do I need to file I-131?

[courtsk1 0]

Hi,

I'm currently in the US under H1B worker status which doesn't expire until Sept 2014. I married an USC in Feb and am applying for my GC. My question is: do I need to file a I-131 travel authorization since I have authority to travel under my current status? When my GC is approved that gives me authority to travel outside the US, correct?

[Harpa Timsah 13,258]

H1B is dual intent so you can continue to travel with AOS is processing. The GC gives you the right to work anywhere and travel, yes.

Most visas are non-immigrant so the person cannot reenter the country while AOS is pending. You are in a different category.

Edit: Just read your other thread. if you get an EAD and then change your job or use the EAD in any way, then your H1B will be over and you will need AP to travel.

You are only good to travel as long as your H1B is valid.

Edited May 8, 2013 by Harpa Timsah

[courtsk1 0]

Ok. Thanks for the reply. Just to clarrify: when my AoS is processing and my H1B is valid, I can travel. Once I'm approved for permanent resident status, does that alone allow me to travel freely? Or is there another approvcal I need?

[Harpa Timsah 13,258]

Your LPR status, (your GC) gives you the right to work and travel by itself. No special permission needed.

EAD and AP are meant as stop-gap measures for the time the GC is processing.

[courtsk1 0]

So technically I don't even really need to file a work authorization. I'm going to just in case this process takes longer than my H1B is valid. But TECHNICALLY (lol) I don't really need to.

Thanks for this information. Very helpful!!

[Harpa Timsah 13,258]

No, you don't need work authorization either if you want to keep working for your H1B employer.

If you want to change you job once you have EAD, you can. But if you do that, you will lose your travel privileges (unless you get an AP). You can apply for the EAD and keep it just in case.

[courtsk1 0]

Ok. Perfect! And once I have LPR I can change employers and travel all I want, yes?

[newacct 688]

EAD/AP is applied for because it is fast to get, while the time to get the green card is uncertain (for some people a year or more; for others they get it before the EAD/AP). You're saying you have H1b and thus can work and travel already. That's true. However, what if you lose your job and suddenly need to travel? What if you want to change your job? It may be too late to apply for it once something sudden comes up. There is no harm in applying for EAD/AP and not using them -- applying for them is free with the I-485.

[aleshia99 0]

See here

http://www.uscis.gov/files/form/i-131instr.pdf

#3 AP document