Mexico Travel on EAD/AP

[Minny1 0]

I'm in a tricky situation.

 

Due to corporate restructuring, I lost my H1B job and my last date of work is April 6. My visa is valid until January 2021. In February, I filed for i-130 & i-485 AOS through marriage and am expecting my EAD & advance parole travel document combo card in May/June. 

 

Question - for Indian citizens, a valid US visa is required to travel to Mexico. In July, will I be able to enter with my out-of-status (but valid) H1B visa? or even the EAD/AP? Or will I have to obtain a separate Mexico visa?

 

For re-entering the US, I plan to use my advance parole/travel doc card.

 

Do you see any issues with this plan?

Edited April 2, 2018 by Minny1

[Tenreyro 174]

Should then be your stay considered still as H1B or as Pending AOS? I am not familiar with the H1B visa, but is your visa still 'valid' as you claim, or is it an open H1B?

 

I ask, because if the job loss means the visa is not usable anymore, then is not valid, and you would be just Pending AOS, in which case you would need an AP, however, you could get denied reentry, specially if there is not an emergency situation on which you HAD to go to Mexico, as that is the way the AP is designed (at least originally), and the instructions clearly state: 

Quote

NOTE: Travel for Vacation is not a valid purpose.

 

However, if you are still H1B, you do not require AP, and your application would not be considered abandoned, as CBD explains in this link, that explains that H1-B is one of those applicants, as well as all L and K3/4 visa intending immigrant with filed AOS. 

https://help.cbp.gov/app/answers/detail/a_id/991/~/when-is-advance-parole-required-for-travel

 

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There are three exceptions to the requirement for non-immigrant visa holders to apply for advance parole. Those here in H1B, L and K3/4 status - and their dependents - do not require advance parole to travel after applying to adjust their status. 

Either way, you COULD be risking several possible scenarios if you are just going there for vacation. You should consider Hawaii or the Virgin Islands and save yourself some trouble.   Just my opinion.