H1B and a few other [non-immigrant] visas allow dual intent (i.e.
non-immigrant and immigrant).
As such, you can travel without AP and still keep your AOS alive.
That being said, it only works if you maintained a lawful H1B status
(i.e. you would still legally be in the US even if you wouldn't have
filed AOS)
brutecold@yahoo.ca wrote:
> Well, I know the relevant CFR and I also stated in my original post
> that I did take advantage of automatic revalidation. But my question
> was if I could still use automatic revalidation even after I filed
> I-485!
>
> In other words, shall I abandon my I-485 if I go to Canada without AP ?
>
> Thanks again for your input.
>
> crg14624 wrote:
> > You can provided you're totally admissible as an H1 (same job/employer).
> > You can't be a citizen of a country on the state department list of
> > terrorist states. You can't seek a visa while in Canada. You need an
> > I-94. The visa can be expired, but not cancelled. The passport must be
> > valid. You can't go for more than 30 days.
> >
> > See 22 CFR 41.112
> >
> > --
> > Posted via http://britishexpats.com
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