Travel India - Need help to maintain H1B on return using AP

Hey all,

I have an approved H1B/ H4 (spouse) valid till Sept 2024. I have my AOS pending.
Original EB2 approved in Jan 2014 (my PD).
My EB3 I140 (new downgrade) is now approved.
Me and spouse have received EAD/ AP combo card valid till 2023.

We need to travel to India urgently. I do not see any dates available for stamping.

I know can travel and come back on EAD/ AP.
But, can I still maintain my H1B/ H4 on return without stamping?

Seeking assistance and expert guidance…

After entering back on parolee status (if using AP) , you can apply for H1B & H4 extension of status to get back to non-immigrant status.

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@Kalpesh_Dalwadi thanks for the note.

So my current H1b/ spouse H4 expires Sept 2024.

So we travel to India and come back on Parolee status in Sept 2022 (using AP)… we will be out of H1B/ H4 after Sept 2022?

But my H1B/ H4 I797 is showing validity till 2024 Sept… Not sure how will I be able to get my company file extension?

Sorry if it is a little muddy, but, I would appreciate some more clarification.



Once you use AP, your non-immigrant I-797/I-94 will expire automatically.

Talk to your employer’s immigration lawyer, they should be able to handle the EOS once you are back on AP.

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Makes sense now @Kalpesh_Dalwadi
I will check out with the immigration team and see what they have to say.