I-140 ok'd, not I-485, H1-B expired, no AP yet: Travel ok?

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worryfreeinvestor
Posts: 145
Joined: Thu Mar 24, 2005 6:17 pm
Location: Seattle, WA

I-140 ok'd, not I-485, H1-B expired, no AP yet: Travel ok?

Post by worryfreeinvestor »

I know this is not kosher, but I wanted to get informal feedback: I'll hold nobody responsible for their advice!

My 1-140 was approved on July 31, 2008, but I-485 still not adjudicated. My H1-B will expire in September and my AP will not be ok'd until early 2009. I want to travel to Canada for Christmas. (I'm a Canadian citizen.)

How about driving across the border with my U.S. driver's licence and U.S. licensed car and then returning a few days later (and not identifying myself as a Canadian)?

Massively risky, I'm sure.

(Or are they requiring passports for road crossings too, now?
nelsona
Posts: 18311
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

Why the subterfuge?

You are in H1 status, which carries with it the right to travel without impacting your I-485. The AP you requested is merely a back-up should you decide to get out of H1 status and work off an EAD.

Merely enter on H1. That is the point of H1. My I-485 was pending for 4 years and I travelled on H1 only. Never took my back-up AP.

Don't lie at border. Ever. But certainly don't try to pull a fast one when it isn't even necessary!
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
nelsona
Posts: 18311
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

To do what you came up with was the risky thing: you need to declare your status when entering US, or it is assumed to be tourist. You can't work as a tourist.

What made you think that you couldn't travel??
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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