Q: We have pending AOS with PD Nov.. 1st. Still waiting for AP docs. Can we travel under H1 visa without affecting the AOS?
My wife and I are Italian citizens living in California since 2009 and submitted AOS with AP travel doc Nov 1st 2018. I petitioned as NIW and got approved in September 2018. Still waiting for the AP (national benefit center processing time is up to 7 months)!
We have H1B/H4 visa valid till May 20th 2019. My wife with H4 must go to Italy on May 24 for her book release event in Tuscany. We are very worried that USCIS won’t send us the docs in time though! What should we do if the AP doc do not arrive?
Can she travel with H visa and renew it in Italy without causing her AOS to be abandoned? If so, does it matter whether my wife leave US before or after May 20th (date of our current H visa expiration)? Or as long as she can renew the H visa in Italy and come back on a valid H visa, the departure date is not relevant and does not affect the pending AOS?
A: That would not be wise, because you could be denied entry to the US because you aren’t coming back to resume H1B status but rather to take up permanent residency. In addition, if you leave without advance permission to come back, your application will be considered abandoned.
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