Hi there. I just joined, but I've been a long-time lurker on this site and find it very informative - indeed, often more informative than my lawyer! So here's my problem: my AP expired last year and I did not renew it because I (naively) thought that our GC would be approved soon (PD March 2005 EB3 ROW - I did not expect the weird visa bulletins of the last few months). So I just realized 2 weeks ago that I have to travel to South Africa this summer and realized the only time that will work is May. My lawyer kept me waiting for 2 weeks before I could talk to him, so by the time I managed to talk to him today he said that it is a bit late to file for AP, since it will take 3 months. (I wish I had just filed for it myself 2 weeks ago!). He advises that I travel on my H-1B, even though it will be a hassle to go get a visa stamp. I would not mind doing that, but I am afraid that by some miracle we will become current in the 3rd quarter of the FY and get approved while I am away, and then I am stuck. I know my spouse can mail the GC to me so that I can re-enter with that, but what if gets approved just before I return or something like that? (I know, I am neurotic!). Would it be better if I apply for AP anyway and hope that it gets approved before the beginning of May and then use that to reenter instead? What if I apply for AP and then leave before it is approved and come back on H-1B anyway - does that jeopardize the GC process?
Sorry if I sound confused! I am confused! After my conversation with the lawyer I thought I had a clear picture, but now I feel even more confused than before!
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to Sorita:
I wanted to edit, but cannot, so here is a clarification of my central question: can I travel on my H-1B while I have an AP application pending?
(I assume that would void the AP, but would it have a negative effect on the GC itself?)
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to Sorita:
Not a good idea. You should stay in country till your AP application is approved.
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to ua5um:
Why do you say that it is not a good idea? My lawyer did finally get back to me and said that traveling on H-1B while AP is pending will not jeopordize GC. (I do think it will cancel AP application.) So if AP is not approved in time, I can travel on H-1B (I kept my status alive). As a matter of fact, he advised traveling on H-1B in any case, since it keeps the status alive. If you do have a specific reason for your advice, could you kindly elaborate? I don't want to take some unnecessary risk.
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