AP and H1

A

akilhere

Registered Users (C)
I'm in my 8th year H1B. I've got a three year extension until 2009. I'm planning on making a trip to India in March next year and was wondering if I could use my AP to travel instead of getting my stamping in India.
Is it true that using an AP would mean losing the H1 status? Can somebody advise on this?

Thanks in advance
 
Based on my understanding you can maintain both statuses. It doesn't matter if you enter via AP or H1-B, since you have an H1-B approved, you can maintain that status.


akilhere said:
I'm in my 8th year H1B. I've got a three year extension until 2009. I'm planning on making a trip to India in March next year and was wondering if I could use my AP to travel instead of getting my stamping in India.
Is it true that using an AP would mean losing the H1 status? Can somebody advise on this?

Thanks in advance
Click to expand...
 
akilhere said:
I'm in my 8th year H1B. I've got a three year extension until 2009. I'm planning on making a trip to India in March next year and was wondering if I could use my AP to travel instead of getting my stamping in India.
Is it true that using an AP would mean losing the H1 status? Can somebody advise on this?

Thanks in advance
Click to expand...

I think once you invoke AP you will loose H1B (and H4 for your spouse if s/he is a derivate applicant). And incase if you want to get back to H1 you would need to re-apply for H1. If possible, it may be a good idea to get you H1B stamped.

But this is my understanding only, I will talk to immigration attorney for legal advice.
 
cronin memo

I was reading the cronin memo on the use of H1 and AP and I thought it said that APs could be used in conjuction with H1Bs.
Can somebody prove if that's right?
 
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