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

worryfreeinvestor · Post by **worryfreeinvestor** » Fri Sep 05, 2008 8:37 am

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 · Post by **nelsona** » Fri Sep 05, 2008 9:23 am

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 · Post by **nelsona** » Fri Sep 05, 2008 9:26 am

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??