I was in a similar situation few months back. I did my research (Ginnu's answers were helpful at that time, Thanks Ginnu) and talked to my lawyer. Here are the answers to your question.
1. if H1 stamping get rejected, you are fine to use AP to reenter.
2. H1 and AP are 2 different things and...
Hopefully you should hear the good news soon. right now May 8th, 140s are being processed. Another friend of mine with similar details received his 140. Good Luck.
Hi rsdighe,
Your priority date is the date when labor was filed. in your case your priority date is may 2002. retrogession may or may affect you on your 1485 case but not on 140. If there are enough filed applicants ( i think number is 10,000) with priority date before yours, you will not...
Here are my details
LC applied Nov 2001 (EB3)
LC RFE Oct 2003
LC RFE replied Dec 2003
LC Approved Apr 2004
140/485 applied - May 27th 2004
EAD/AP received - July 26 2004
140/485 approved Jan 13 2005
Hope it helps in tracking similar cases.
It's clearly written on murthy.com in same article.. see this
A priority date, in an employment-based (EB) case requiring Labor Certification (LC), is the officially acknowledged date that the case was filed at the state level Department of Labor office, referred to as the SESA. If the EB...
Hi ginnu,
to confirm if he uses AP to come back ( and passport is not stamped for H1 stamp as is the case) , he will remain in H1 status if he keeps working for the same employer. In case of change of employer, can h1 transfer be done to remain on H1-B status. I'm also in a similar...
Thanks ginnu,
As you said, if i come back on AP and i'm with current employer, i'll remain on H1 and in that case if i need to to do H1 transfer to another company, that should not be a problem. please reconfirm
thanks a lot for your suggestion..
Hi,
I have valid Advance Parole (AP) and EAD. My H1-B ( 797) is valid upto Apr2006 but my passport does't have it stamped. It got it expired last november. I plan to travelling to india in december. Now for coming back, I have 3 options.
1. I get my H1-B extension stamped at US Consulate...
Hi guys a quick and novice question :
My labor was filed in Sep 2001, got State level approved in Nov 2002, Fed level got it approved Apr 2004. I have already filed for 140/485 concurrent.
What's my priority date.. ??
As per http://www.immigration.com/faq/greenvisa.html#95
"If you...
did you get the answer to your question? I'm exactly in same boat, and not sure about this . did you confirm from your lawyer.. i'm goign to check and post it.. let me know what u find out.
thanks
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