I am on an H-1B visa (not stamped due to appointment traffic). I filed Form I-526 for EB-5 in 2021. In June 2022, I applied for I-485, I-765, I-131 and I-693, taking advantage of concurrent filing. I just received my EAD and AP approved cards. Can I use the EAD and AP cards to travel back to my home country? Would it be better if I stay on H-1B to enable travel?
Answers
Ed Beshara
Find an EB-5 Visa Lawyer: Immigration AttorneyYou can travel in and out of the U.S. with your AP card.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyYou can travel with your EAD, or you can get a new H-1B visa to reenter since you now have a choice.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyYou may use the AP for travel without getting a visa stamped in H to return to the U.S.
Dennis Tristani
Find an EB-5 Visa Lawyer: Immigration AttorneyI would recommend maintaining H-1B status if possible by securing a visa stamping appointment when you travel home. Maintaining H-1B status will ensure you can remain in the U.S. should your I-526/I-485 process be denied for any reason. You can use your AP/EAD combo card to travel, however, this will cause you to drop out of H-1B status - you will have to update your employer with your EAD card to continue working.
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