International travel conundrum- H1b (visa stamp expiring 07/26/18) to Family AOS (Pending AP/EAD)

[theatxbombayguy 52]

Background:

Initial - My timeline mentions about my current status - leaving out redundant data!

 

I am in an international travel conundrum and looking for some expert advice/suggestions/recommendations from fellow VJers

 

H1b Info:

1. H1b visa stamp in (expired) passport expires 2018-07-26.

2. H1b visa (I797A) from same employer expires 2020-02-22.

3. (New) Passport valid until 2026-11-09

 

H1b-AOS: Filed and received initial NOAs (I-130,I-485,I-765,I-131) dated 2018-02-16

 

My manager told me to make travel plans to Asia and apply for Business Visa(s).

 

Following scenario comes to my mind:

 

Get approved for Business Visa -> Travel for business -> Make a stop in India -> New H1b visa stamp for re-entry (since need 6 months visa at least) -> Enter on H1b status

 

Does my AP and EAD get revoked in the event of the above scenario? Do I have to re-apply for AP and EAD, both?

Additionally, it also poses the risk of getting stuck in India for a H1b stamping RFE etc?

Any insights here, welcome!

 

 

 

 

[Coco8 1,042]

Why aren't you coming back to the US with AP and using the EAD? 

 

Maybe I'm wrong, but I don't think you can come back to the US on H1B once you are mid-AOS.

[theatxbombayguy 52]

My AP and EAD haven't arrived in mail. The last status change on the USCIS website - is 2018-02-16 (physical receipt dates).

I am trying to read more about the re-entry, but unable to find any suitable information.

Also, asking the company lawyers may not help - since this is a personal vs professional immigration conflict....?

3 minutes ago, Coco8 said:

Why aren't you coming back to the US with AP and using the EAD? 

 

Maybe I'm wrong, but I don't think you can come back to the US on H1B once you are mid-AOS.

 

[geowrian 22,338]

H-1B is one of the exceptions to the rule in regards of leaving the US (without AP) and being allowed to re-enter on H-1B status without abandoning your AOS application.

 

That said, there was some ambiguity with regards to a pending I-765/I-131 and leaving the US causing those specific applications to be denied. I don't want to misspeak so I will defer to others, but I thought that was subsequently resolved with the applications not being denied now. But please confirm before taking any action.

[theatxbombayguy 52]

9 hours ago, geowrian said:

H-1B is one of the exceptions to the rule in regards of leaving the US (without AP) and being allowed to re-enter on H-1B status without abandoning your AOS application.

Thanks - I recall you had mentioned this in another thread with a different context.

 

9 hours ago, geowrian said:

That said, there was some ambiguity with regards to a pending I-765/I-131 and leaving the US causing those specific applications to be denied. I don't want to misspeak so I will defer to others, but I thought that was subsequently resolved with the applications not being denied now. But please confirm before taking any action.

Any pointers on information research? Much appreciated!

[arken 4,197]

I think travelling on H1B will not affect your pending AOS application but will cancel your pending AP. If that’s true, your AP will be cancelled but EAD will get processed. If I find any concrete link for this i’ll post it. 

 

There can a scenerio that you get stuck in India for a while with H1B RFE but as long as your job has satisfied the original H1B requirement, you will likely get the visa with no issues.

 

Even if AP gets cancelled, you can apply for one for free one you come back to US or not apply at all and travel on existing H1B as long as you are working in the same company.

[theatxbombayguy 52]

4 hours ago, arken said:

I think travelling on H1B will not affect your pending AOS application but will cancel your pending AP. If that’s true, your AP will be cancelled but EAD will get processed. If I find any concrete link for this i’ll post it.

Thanks much!! Hope you/I/anybody is able to locate some information for this....

 

4 hours ago, arken said:

There can a scenerio that you get stuck in India for a while with H1B RFE but as long as your job has satisfied the original H1B requirement, you will likely get the visa with no issues.

Yep, theoretically should not be a problem at all, just concerned with the current DHS scenario, they're shooting RFE's like bullets in the middle east.

 

4 hours ago, arken said:

Even if AP gets cancelled, you can apply for one for free one you come back to US or not apply at all and travel on existing H1B as long as you are working in the same company.

I have no qualms in re-applying, what bothers me is the current time for processing AP...its been more than 4 months since my NOA and 4 months since Biometrics, no updates yet.

The USCIS Processing time website currently is showing Jan 6, 2018 for case inquiry!

If I apply again, will I be given the same priority or do I restart the case from beginning? - will try to locate this info. If you have any insights, please send them my way...

[Teemo 252]

14 hours ago, geowrian said:

H-1B is one of the exceptions to the rule in regards of leaving the US (without AP) and being allowed to re-enter on H-1B status without abandoning your AOS application.

 

That said, there was some ambiguity with regards to a pending I-765/I-131 and leaving the US causing those specific applications to be denied. I don't want to misspeak so I will defer to others, but I thought that was subsequently resolved with the applications not being denied now. But please confirm before taking any action.

I thought I saw a relatively recent news release saying that travel without AP will abandon the I-485 even in the case of the underlying H1-B where he is allowed to travel and return on that.  I can't find it now to corroborate that, but does that sound familiar?

[Teemo 252]

14 minutes ago, Teemo said:

I thought I saw a relatively recent news release saying that travel without AP will abandon the I-485 even in the case of the underlying H1-B where he is allowed to travel and return on that.  I can't find it now to corroborate that, but does that sound familiar?

Here is what I may have seen, which just abandons AP:

 

https://www.lexology.com/library/detail.aspx?g=ae64267f-afb1-499f-aa5b-673b53ef654a

 

Worth looking into more

[geowrian 22,338]

22 minutes ago, Teemo said:

I thought I saw a relatively recent news release saying that travel without AP will abandon the I-485 even in the case of the underlying H1-B where he is allowed to travel and return on that.  I can't find it now to corroborate that, but does that sound familiar?

Yes it does, which was what I was implying with the ambiguity. But I believe that has since been resolved at most service centers with no change (although I think TSC alone may still be doing it?). There were some people who got caught up with it at and had their AP denied in the meantime.

https://www.murthy.com/2017/08/25/murthy-takes-action-nsc-agrees-to-stop-denying-advance-parole-applications-based-on-overseas-travel/

 

Edit: Wait, I misread your comment. The I-485 will not be denied. It's the pending I-131 only.

Edited June 27, 2018 by geowrian

[Teemo 252]

10 minutes ago, geowrian said:

Yes it does, which was what I was implying with the ambiguity. But I believe that has since been resolved at most service centers with no change (although I think TSC alone may still be doing it?). There were some people who got caught up with it at and had their AP denied in the meantime.

https://www.murthy.com/2017/08/25/murthy-takes-action-nsc-agrees-to-stop-denying-advance-parole-applications-based-on-overseas-travel/

 

Edit: Wait, I misread your comment. The I-485 will not be denied. It's the pending I-131 only.

Right, I corrected myself in the subsequent post.  But if AP is denied, and the AP is what keeps the I-485 not abandoned after international travel, then are you sure there are no I-485 consequences?

Edited June 27, 2018 by Teemo

[arken 4,197]

1 hour ago, Teemo said:

Right, I corrected myself in the subsequent post.  But if AP is denied, and the AP is what keeps the I-485 not abandoned after international travel, then are you sure there are no I-485 consequences?

There will definitely be no consequences on i-485 even if AP is cancelled while travelling on H1B. AP is one of the travel documents not the ONLY document that keeps i485 not abandoned during international travel. Any dual intent visas preserve the pending i485 while travelling abroad. H1B happens to be one of them too.

[theatxbombayguy 52]

Thanks all! Appreciate the inputs and all the insights/references.