Plz Comment :- AP VALIDITY

I

IPC302

Registered Users (C)
Current status H1B valid till 15th oct 2004
AP1 valid till 11 sep 2004

went to india 28th july 2004 returned 8th Aug 2004 .. ENTERED AS H1B

AP2 APPROVED 4th AUG 2004

IS AP2 VALID ?? i think it is !!.. I MEAN SINCE IT WAS APPROVED AS I WAS OUT OF US WILL I BE ABLE TO USE IT IN FUTURE ONCE MY H1B EXPIRES .

Need your feedback.

Thanks.
 
IPC302 said:
Current status H1B valid till 15th oct 2004
AP1 valid till 11 sep 2004

went to india 28th july 2004 returned 8th Aug 2004 .. ENTERED AS H1B

AP2 APPROVED 4th AUG 2004

IS AP2 VALID ?? i think it is !!.. I MEAN SINCE IT WAS APPROVED AS I WAS OUT OF US WILL I BE ABLE TO USE IT IN FUTURE ONCE MY H1B EXPIRES .

Need your feedback.

Thanks.
Click to expand...
I thought you would have to be present in the US when the AP approval comes through for it to be valid ??

For sure you need to be present when you apply for AP -- am pretty sure you need to be here during approval also - I maybe mistaken ....
please check with your attorney.
 
I think your AP2 is valid. You travelled before expiring the First AP. So accoding USCIS web site you should have valid AP. U have it(AP1).I dont think any problem and u can consult a lawyer for your concern.
 
I am with HasiruPatra on this.

Moreover, you were on H1 status throughout. AP comes into play only when you stop using H1 or your H1 expires. As long as you were in US and maintaining valid H1 you are on status till it expires. Thereafter you can use your non-expired AP. It doesnt matter that your AP was approved while you were abroad, bcoz at that time your status was still H1.
 
Guys thanks for the feedback ... i talked with the lawyer he confirmed its valid as i'm on H1 status .....
 
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