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How can I travel overseas with an EAD/AP card?

I have an approved I-526 and a pending I-485 with an approved two-year EAD/AP card that I recently received. I plan to travel internationally. Can I travel overseas on the EAD/AP card? I also have valid H-1b status with an H-1b visa expired in September 2019. Does traveling on EAD/AP terminate my current H-1b status?

Answers

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you get a new H-1B visa while abroad, you have a choice of returning on your H-1B or returning using the advance parole and work card.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Yes, you can travel with your AP card and when you return to the U.S. on the AP card, you will be admitted as AOS pending status. If you want to be admitted as H-1B, get a new visa while abroad.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You use the EAD/AP combo card at the port of entry and do not need a new visa. If you just work for the H-1B employer you may file for an H extension if necessary; otherwise, a new H would need to be consular processed if necessary. You may also work with the EAD including for the H employer, check with the employer on any I-9 update required.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The advance parole part is your permission to travel. H-1b is a dual intent status so you can keep the H-1b even if pursuing the green card. That said, I would either use one or the other to travel, not both.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Before traveling, be sure to have a visit with your investment immigration attorney. Generally, the purpose of advanced parole is to allow you to travel internationally while your adjustment of status application is pending.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You can use the EAD/AP card to travel internationally. Just present the card along with your passport. When you re-enter on the EAD/AP, you will now be authorized for employment based on the EAD and pending adjustment of status.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, you can travel overseas with your EAD/AP. However, the EAD/AP does not necessarily terminate the H-1B visa, but if your I-485 is approved your new conditional permanent residency would render your H-1B unnecessary as it essentially replaces the H-1b.

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