Domestic Air Travel while AOS pending

[futurechemist 1]

I'm a USC and my husband is currently on an H1B visa which expires December 31. Last week, we applied for AOS, haven't gotten the receipt yet. His employer also wants to extend his H1B visa so he can continue working (on the presumption that his AOS EAD won't arrive in time). Where it gets complicated is that we'd like to visit my family in New Jersey for Christmas, but he's concerned about flying after his H1B expires, but before either the H1B extension or green card are granted.

Q1, when extending his H1B, will he have to mail in his passport to be stamped?

Q2, if he does need to mail in his passport, is there an issue with him traveling domestically while his passport is out of his possession? He has a valid Washington State drivers license which is valid through 2017. And we'd bring receipts for both the AOS and H1B extension. He's afraid that if TSA hears his accent, they'll demand his passport, and since he wouldn't have it on him that will trigger all sorts of red flags.

Q3, if he does need to mail in his passport, would this cause problems down the line if he hasn't gotten his passport back when we get our AOS interview appointment?

Q4, what are the odds someone in Seattle or Newark airports will demand to see his passport, as opposed to being satisfied with his WA drivers license?

Thanks!

[Dave&Roza 748]

I'm a USC and my husband is currently on an H1B visa which expires December 31. Last week, we applied for AOS, haven't gotten the receipt yet. His employer also wants to extend his H1B visa so he can continue working (on the presumption that his AOS EAD won't arrive in time). Where it gets complicated is that we'd like to visit my family in New Jersey for Christmas, but he's concerned about flying after his H1B expires, but before either the H1B extension or green card are granted.

Q1, when extending his H1B, will he have to mail in his passport to be stamped?

Q2, if he does need to mail in his passport, is there an issue with him traveling domestically while his passport is out of his possession? He has a valid Washington State drivers license which is valid through 2017. And we'd bring receipts for both the AOS and H1B extension. He's afraid that if TSA hears his accent, they'll demand his passport, and since he wouldn't have it on him that will trigger all sorts of red flags.

Q3, if he does need to mail in his passport, would this cause problems down the line if he hasn't gotten his passport back when we get our AOS interview appointment?

Q4, what are the odds someone in Seattle or Newark airports will demand to see his passport, as opposed to being satisfied with his WA drivers license?

Thanks!

Domestic air travel does not have anything to do with CBP. He can use any valid ID as defined on the TSA website. Even if he uses his passport, the TSA agent will not be searching thru it for a valid visa--that is not their jurisdiction. CBP deals with letting people into the US. He is already in the US. You only need to be concerned should he decide to travel internationally before he receives his GC. Show the WA DL and leave the passport at home.

Dave

[Ontarkie 14,495]

~~Moved to Working & Traveling During US Immigration, from IR-1 / CR-1 Spouse Visa Process & Procedures~~