AP Approval -- Need Advice -- Please Help

[mgkadiri]

Hi,

I have 3 years of I797 H1B extension approval notice. I have also got Adavance Parol approval with me as I recently applied for my I-485. I am travelling to India in a month but I want to come back to USA using my H1B visa instead of AP. Currently my H1B VISA has been expired. Can I go for VISA stamping with my recent I-797 approval notice? I am asking this because I do not know whether one can go for VISA interview when he or she has already got AP approval notice. Could you please help?

Thank You.

 

[adekhne]

Yes, you can get your H-1B visa stamped while in India. Your AP does not relate to your H-1B since H visa is a dual intent visa, and you can independently get it stamped and enter the USA back on that stamped H-1B visa.
Most attorneys will also suggest you to keep your H visa active even when you have your EAD/AP approvals as it gives you more options if something wrong were to happen with your AOS application.
Good Luck!

 

[mgkadiri]

Thank You

Yes, you can get your H-1B visa stamped while in India. Your AP does not relate to your H-1B since H visa is a dual intent visa, and you can independently get it stamped and enter the USA back on that stamped H-1B visa.
Most attorneys will also suggest you to keep your H visa active even when you have your EAD/AP approvals as it gives you more options if something wrong were to happen with your AOS application.
Good Luck!

Many thanks adekhne

 

[misba672]

Are you sure? my attorney told me that once AP approved you have no option but to use it. Where did you get this answer? from the attorney?

 

[adekhne]

The question has been answered many times in the forum and was also discussed on one the conference calls that Mr. Khanna hosts.
My attorney was the source of this information as well.

Most companies that have spent the money on EAD/AP will likely not spend more money on H-1B extensions and stamping, and hence the attorneys may be saying that you have to enter on AP to save the company's money rather than thinking of your greater good.

On another note, think about this.....
If you have a valid H-1B visa in the passport, and you show both your H-1B and AP at the POE, the IO will stamp your I-94 with your H-1B visa instead of the AP.
This will tell you that USCIS also prefers to let you in on your valid/stamped H-1B rather than on AP, thinking of your better.
What your attorney is telling you does not seem accurate.

Are you sure? my attorney told me that once AP approved you have no option but to use it. Where did you get this answer? from the attorney?

 

[misba672]

The question has been answered many times in the forum and was also discussed on one the conference calls that Mr. Khanna hosts.
My attorney was the source of this information as well.

Most companies that have spent the money on EAD/AP will likely not spend more money on H-1B extensions and stamping, and hence the attorneys may be saying that you have to enter on AP to save the company's money rather than thinking of your greater good.

On another note, think about this.....
If you have a valid H-1B visa in the passport, and you show both your H-1B and AP at the POE, the IO will stamp your I-94 with your H-1B visa instead of the AP.
This will tell you that USCIS also prefers to let you in on your valid/stamped H-1B rather than on AP, thinking of your better.
What your attorney is telling you does not seem accurate.

Thank you for your detail explanation.