Travel restrictions after filing 485

[Mufaddal]

What are the travel restrictions after I have filed for my I-485 / Adjustment of Status?
(I have an H1 stamp on my passport that is valid till 08/2009)

 

[evcalyptos]

What are the travel restrictions after I have filed for my I-485 / Adjustment of Status?
(I have an H1 stamp on my passport that is valid till 08/2009)

If you maintain your H-1B status (keep your job) you can travel as an H-1B.

If you don't stay at your job or maintain your status, you must use Advance Parole to travel. It's not suggested that you use Advance Parole if you have previous overstay issues that might make you inadmissable.
If you abandon your H status, you will also need an Employment Authorization Document to work elsewhere. Your H is valid only for the employer who sponsored you (or you xfered to).

 

[Mufaddal]

Clarification.

I dont plan to abandon my H1 status or leave my employer.
However, in the words of my attorney: "You must be in the US until you receive your receipt notice and then you can travel with your H-1 visa."

Hence I was confused. How long does it take to receive the receipt notice?

 

[evcalyptos]

I dont plan to abandon my H1 status or leave my employer.
However, in the words of my attorney: "You must be in the US until you receive your receipt notice and then you can travel with your H-1 visa."

Hence I was confused. How long does it take to receive the receipt notice?

This is a question for your attorney; I don't know why the receipt for I-485 would make a difference if you plan to maintain your H status (and, travel after filing I-485, without AP would void the AOS (I-485) application if you didn't have the H status).

There is a delay of a couple+ months for receiving a receipt at the moment. I'd ask the lawyer for clarification.

 

[Mufaddal]

Thanks!

Thanks! Thats what I plan to do tomorrow morning.