AP and H1b stamping

S

skusa

Registered Users (C)
I need advice, my EB1-OR is pending since may2002, but in the meantime with concurrent filling have EAD and AP approved. I have H1B valid till jan2004 and EAD till Feb2004. I am planning to visit to India sometime after august, will there be problem with h1b stamping at the US consulate in Mumbai?, I mean is there any requirement of specific validity like atleast 6 months needed for visa stamping?
Thanks
 
No problem in getting the H1B. But you might have to answer the question what is going to be the next status after H1 is expired.
Sometimes, just to freak you out they might delay H1 stamping. what are you going to do then?
Suggestion:- apply for Ap and travel with Ap receipt. If called for interview you can show the AP receipt. If h1 denied, as soon as AP is approved you can enter US...
 
thanks, but another querry

Thanks Jaxen, but my querry is if I go to India in sept, then I will be having H1B validity of 4months, so will that be a potential problem in getting visa stamp on passport. I will start for H1B extention in august, 6months in advance and so while leaving I won't be having the extention in hand.
I already have EAD and AP approved, also I am planning on renewing EAD is that OK?
does anyone have idea when the EB1 caseswill be approved, its already over a yr!!! so frustrating.

thanks alot
 
My husband's I-140, OR also pending from May 2002. He called on May 28th and talked with IIO. She sad that case was assigned to officer day before (May 27th). It may take 30 days for decision to be made. So, I guess we need to wait more:eek:

Category: EB1, OR, Concurrent filer.
I-140 applied date: May 20,2002 (Still Pending)
I-485 applied date: Oct 31,2002 (Still pending)
AP applied date: Feb 7, 2003 (Still pending)
EAD approved 15 April 2003
FP May 22, 2003
 
skusa, I travelled to India under similar situ earlier this year. Had my EB1/MncExec 485 pending. My h1 expiring in a month. Had valid EAD/AP. Expired h1 visa stamp on passport.

I had no problem re-entering usa on AP (i did not bother to get a visa based on h1 expiring in a month). However, I had problems leaving US (Houston). The immigration droid in Paris when contact by airline officials from houston airport created problems stating they want either French visa or US visa - wont recognize AP, and so I had to go back from houston airport and took a flight via london. I've heard similar problems in Germany. Best to get schengen visa beforehand.

- nik.
 
Thanks nikbert
do you know the procedure for H1b stamping in mumbai? Can I use dropbox? also will be problem as the GC is in process? if I go to India in sept I will be having about 4months of H1b validity which is till jan2004 though I will start the ext process too before leaving US. I came in here in J1 and got my US visa from paris. I donot understand why do we need the visa for France/Germany for few hrs stay at the airport?

Thanks Wife. Mine EB1-OR is also pending since may2002, I too got EAD and AP approved and FP done, hope that the I-140 approves soon, its so frustrating with this delay

thanks
Shobhana
 
Shobhana,

I haven't got my h1 visa stamped in a long time, so I don't really know the procedure now. however, it probably is through drop box, esp. if it is not the first time. Am not sure why do you want H1 visa stamping on your passport, if you have AP use it. Using AP does NOT invalidate your H1 (using your EAD does, I think). Also, you can get your H1 stamping after you come back here.

As far as Paris/France thing is considered, either get French visa or fly via some other country not having that requirement. Please note that, other people have successfully flown thru' (transit) Paris on AP without problem, however I would strongly recommend either get a letter from French consulate stating that they recognize your AP or just get a French transit visa or fly via somewhere else.
 
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