BL D
Mar 6, 2024
Can someone travel outside of US as Canadian Passport holder while AP, AOS and EAD applications are in process?
Can someone travel outside of US with canadian passport holder, while AP, AOS and EAD applications are in process for green card? As someone having H1B valid and do no need visa to reenter but i-94 will be updated. Will that jeopardize the AP application and other applications?
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Blaze OneMar 6, 2024
@First Name Last Name. I agree with consulting a lawyer. This only works if you have a dual-intent visa such as H1-B. If it's one of the other non-immigrant visas, you automatically rescind your AOS application.
Patience HopeMar 7, 2024
I traveled on my h1b. Any other visa is problem.
crp crpMar 7, 2024
L visa allowed that too. But it automatically voids your AP application which you might not care if you have a valid travel document (visa H1B)
BL DMar 7, 2024
thanks for the replies folks, appreciated. So being on H1b and have document, guessing one don’t need visa as canadian for H1B to travel but just to show the H1B paper correct? so if AP is rejected, is it going to impact EAD and AOS/Green card process?
BL DMar 7, 2024
@Patience Hope you mean that you travelled on H1B while your AP, EAD and AOS in process?
M CMar 7, 2024
as long as you concurrently have a valid dual intent visa (h1b, L1, etc.) you should be fine.
BL DMar 7, 2024
@M C does that mean my AP will be rejected? But i guess it’s ok because bcz person can travel with valid H1B paper and/or canadian passport?
Holy BlessingsMar 7, 2024
no you cannot do it until AP is approved. they will not let you back in. I am also Canadian @BL D
Holy BlessingsMar 7, 2024
DO NOT do it!
Patience HopeMar 7, 2024
@Bld yes. only had gotten EAD.
del KhMar 8, 2024
we have travel plans on our h1B with pending AP approval. our lawyer said it doesn't impact the AP, it will still continue to be processed if we are travelling using a valid h1B.
BL DMar 10, 2024
@tara hope oh wow really? I don’t know that. thank you for letting me know
BL DMar 10, 2024
@tara hope did you have valid h1B papers with fute dates of expiration?
BL DMar 10, 2024
@del Kh if you have travel plans while your AP is pending approval, I have been told that by my attorney if you travel even with valid H1B and passport that won’t require visa to enter, your AP will still be rejected.
del KhMar 10, 2024
our friends with pending AP travelled on their H1B and their AP wasn't abondoned
BL DMar 11, 2024
@del Kh that’s very interesting. Even my attorney told me that if you travel with valid A1 B and or Canadian passport, your AP application will be rejected, not sure how USCIS checks the travel status to verify
Holy BlessingsMar 11, 2024
@BL D because when you get to the rainbow bridge or Lewiston bridge. let’s say even if you have an F1 visa or TN. they punch it in the system and all other immigration stuff shows up. so having a pending application means you do not intend to come back to Canada after your H1B expires. so I just think some officers may overlook but others will be like you have to be paroled. maybe also take a current job letter and have your HR or manager ready for contact.
del KhMar 11, 2024
@BL D I checked again with my lawyer and this is what she responded-
Travel on H1b should not impact your AP application but if they deem it abandoned, we can simply refile it. Lately, USCIS has not been denying the AP with travel on H1b / H4 given the longer than normal processing times.
BL DMar 13, 2024
@tara hope so basically it’s a hit or miss, if you travel outside of US and come back, and if the border services officer sees that your AP is in process, and might restrict you to enter US unless you show advance parole approval.
What if someone with canadian passport enters without showing H1B or L1 or F1 etc?
BL DMar 13, 2024
@del Kh it’s a good news that immigration is not denying renerty if AP is not approved and you can travel with valid H1B. but it could still be a chance that the office will update the status to USCIS and they can reject your AP but again it shouldn’t impact your EAD and AOS. Rifht?
del KhMar 13, 2024
@BL D yes, that's my understanding
Holy BlessingsMar 13, 2024
you still have a pending for AP application. that’s what the problem is. and those officers at the border are not nice! @BL D
even when I had f1 they tried to play dumb on me delaying my lectures. I was driving from Hamilton to Buffalo for school.
BL DMar 14, 2024
So it’s better not to take a chance with travelling outside of US. I wonder why attorney asked to mention in the form about planned travel date/month.
