AP Advise

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forum123

Registered Users (C)
Guys:

Question about AP, I have seen lots of post where they have said that "if you were never out of status then everything is fine",
my question is what does this means:

My situation is that when I came here my desi employer laid me off after 1 months, but 'did not' cancel my H1 and then I found job after 3 months, INS asked me for paystubs which obviously I was not having so they approved my application but I had to go to India for the H1 stamping, the approval notice said something like this "this case is approved but the person was found out of status.....", has anyone is this kind of boat before....

My question is, is this out of status that may affect my return using AP or is it something else????

RD 10/01/01
NOTHING
 
OK, situation is not clear. When did this happen? Are you working on H1 or on EAD? You didn't submit the pay slips and old employer laid you off, but BCIS still approved your H1?
 
This happened when I came to U.S. the desi company did not gave me any paystubs and laid me off afetr 1 month.

When I found a new job and applied for H1 then INS asked for paystubs from former company which I was not having any, so INS approved the H1-B but asked me to get stamped from India.
 
I think, you need to be more clear on what you are asking.

I never heard INS says "Get it stamped in India".
Why do INS care about where you get your passport stamped.

If you go to India to get the H1B visa, why the hell you need to think about AP. You can as well use H1B while returning back.
 
I485
RD 10/01

I think I very cleary stated that this episode happened with my previous employer before I started the GC process and now since my H1 is expired the first 3 year quota, I need to apply for AP.

When I say 'get it stamped in India' means that I was not able to get it stamped here itself and had to go back to my home country which in my case is India, I am working on EAD for last 7-8 months.

Thanks
 
In my opinion, if you are going to use AP to return, you should not have a problem as it is different from H1B.

But not knowing how the immigration authorities in your home country and in USA might interpret this, you might be better off carrying all the Adjustment of status documents and photocopies of the same. In case someone questions you, you can try to fight your way out of this with the documents.
 
Fourm123,
This is very tricky, before leaving the country you should get adivce from your immigration attonery. What i am saying is based on my friends experience. He was also in the same situation,changed company without recent pay stub and applied for H1 transfer his transfer was approved but no I94 was given and asked to do the stamping in the homecountry, so he left US in a weeks time and did his stamping in India and came back to US. yours is little different i assume you didnt left the country and stayed here continously and started working on EAD, so just let us how long did you stayed like this becasue technically speaking your new H1 transfered visa superceds your old H1/I94, so the inbetween stay is considered as out of status.
So better seek advice from an attorney this is very sensitive nobody knows what kind of trouble you may face when you try to reenter US using AP.
 
No, I got it stamped within a months time and then came back here.

I started working on EAD since last 7-8 months, and did travel on my H1-B couple of times.

This time I will have to travel on AP as my H1-B expired last November.
 
Then dont worry you are safe and all set to go with your AP, just in case try take all your documents along with you.Have a good trip
 
I think you are ok

If you were able to come back after getting the visa stamped for the new employer you should be ok to travel on AP too thats assuming you didn't accrue any more overstay after that. If they were going to stop you from entering based on your first overstay they would have done it during your last travel abroad. I believe travel on AP is safer than travel on H1 with only exception being if ones 485 is denied while he/she is away.
Hope this helps. As in all cases always better to check with competant lawyers.:)
 
forum123

Your H1 was approved as new, not as transfer and that is the reason why, you didn't get the I-94 along with new H1. So, you got to go outside US to got a new stamp.

Now that your H1 is expired and you are working on EAD, you shouldn't have any problem travelling with AP.
 
thanks guys!

Thanks guys! really appreciate your valuable inputs, I am just applying for AP just as a backup as just in case if my case is not adjudicated till DEC-03, which I seriously hope should not happen as my RD is 10/01/01, if not then I will use AP, anyway I am applying for both EAD(3rd)/AP (2nd, first never used), I guess other $300 down the drain.......If something happends before DEC then it will be worth it....
 
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