AP Clarification..

[Greenbay]

Hello Freinds,

I have some confusion w r t using AP.

I came on L1 and changed status to H1.(2 times extended). I have only L1 visa stamped in Passport.
Now my I-485 is pending and I have valid EAD,AP and so also H1 until October 2006.
I am visiting india in January 2005 and wants to use AP to reenter USA as I don't have time to get H1 stamped at Mumbai USA consulate.

So at port of entry will there be any problem as I don't have H1 stamped in passport as my lawyer told me that I can still continue to use H1 and EAD is not necessary untilI change the company.

At port of entry, will they check for my H1 stamping from my curent company?? I have only L1 stamped in passport (it is expired). I have H1 papers only.(changed status from L1 to H1).

Freinds and attorneys please clarify my doubts as I have only 2 weeks left to fly to india.

Also shud I have I-485 Original application copy/I-140 approval copy with me to show at Port of Entry??
My company won't gove all these papers to us and it will be with the lawyer only??

Thanks in advance and I greatly appreciate your help.

Happy holidays.

grenbay

 

[hathwar]

I used AP to come in on H1-B as I had I-797 approval notice for my H1-B and no visa.
I did have the I-485 receipt but never had to show it. You need to have 2 copies of the AP with you as at POE the officer took one and stamped the other.
It does not matter how many times you changed visa status in the US it matters what your current status is and use AP tell the officer at POE that you want to be paroled in as H1-B and not as AOS applicant. that way you will get I-94 valid until the date mentioned on I-797 approval notice.


HTH