Questions and Answers > EB-5 Investments

How can I travel internationally with my EB-5 EAD and AP cards?

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

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on September 26, 2022

  You can travel with your EAD, or you can get a new H-1B visa to reenter since you now have a choice.

• Ed Beshara

  Immigration Attorney

  Answered on September 26, 2022

  You can travel in and out of the U.S. with your AP card.

• Dennis Tristani

  Immigration Attorney

  Answered on September 13, 2022

  I 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.

• Lynne Feldman

  Immigration Attorney

  Answered on September 13, 2022

  You may use the AP for travel without getting a visa stamped in H to return to the U.S.

• Stephen Berman

  Immigration Attorney

  Answered on September 12, 2022

  Try to keep H-1B status.