My PD Aug2014 became current now in June.
On H1b. I have approved Eb2 I-140. My employer in oct 2020 applied for downgrade (eb3 ,still not approved I-140) and filed I-485. I got EAD and AP card last december.
Now since Eb2 date became current from June. My employer is doing Interfile (Eb3-Eb2).
Can i travel at end of June (interfiling in June 1st week , before my travel) When i come back from India can i use my AP card(from Eb3)?
will there be any issues?
My employer attorney says - they preffer if i maintain H1b Status and come back with stamped visa. Right now not getting dropbox dates
Yes you can. Note that once you use AP, your H1B non-immigrant status will no longer be valid. Also your H4 dependents will transition to ‘pending AOS’ status and will need to use GC EAD if employed on H4 EAD.
Its okay to use GC EAD after coming back on AP. Your employer can either file H1B extension of status or if your H1B I-797 is valid, you can visit CBP at Mexico border, use AVR and switch to H1B using the valid H1B I-797. In this case CBP will issue H1B I-94 to admit you on non-immigrant status.
Talk to your employer’s immigration lawyer and follow their advice.