Traveling on H1B while AOS is pending
Has anyone traveled and returned to the US on valid H1B while your EAD/AP are still pending (140 already approved)? Want to know what the risks are, if any. Heard your 485/AOS will not be affected. I'm also assuming I would need to reapply for EAD/AP, since it's considered abandoned if I travel abroad while it's pending?
I have come in and out of Canada/Mexico with my AOS in progress. I just made sure to use my H1-B. I’m ignoring my AP/EAD entirely because I don’t have a use for it since I have my H1-B and it’s not going to expire any time soon. Microsoft legal applies for it as a backup just in case something happens. If you need to use your AP/EAP for whatever reason, make sure that you don’t travel if you have yet to receive your AP approval notice (it will get declined if you travel). The last thing is if you’re traveling with a NEXUS card, if you use an AP/EAD they will revoke your NEXUS so use your H1-B
Why should it matter if you have a valid H1B? In fact I heard it's better to enter on H1B than EAD/AP - the latter means you will have invalidated your H1B status
They said 485 is independent of EAD/AP and H1B allows dual intent. Not sure what you mean by AP taking precedence over H1B. Lawyer advised to enter with H1B even if you already have EAD/AP card in hand anyway. Kazakhstan. Traveling to Europe.