How can I travel internationally with my EB-5 EAD and AP cards? - EB5Investors.com

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

Ed Beshara

Ed Beshara

Immigration Attorneys
Answered on

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

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

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

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

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

Dennis Tristani

Dennis Tristani

Immigration Attorneys
Answered on

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.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

Try to keep H-1B status.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.