AP or H1B Stamping - Which is better?

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LoveIndiaLikeUS

Registered Users (C)
Folks,

I have applied my concurrent filing of I-140/I-485/AP/EAD together yesterday in Vermont Centre. I have to go for a visit to my native country within 3 weeks and am facing a peculiar situation. Can you folks help me with my situation.

(1) I came through H1B with company 'A' and my passport is stamped with company 'A'. I changed 2 different companies and currently working with company 'D' with a valid H1B till next April, 2004. My Visa in Passport got expired 2 years back eventhough I have a valid H1B (I-94 on I797 Approval Notice) and am not out-of-status during any time. I have got all my documents with me. Can I go to Chennai Consulate and get it stamped? Do you folks find any problem with this situation? Due to increased scrutiny regarding security, some of my friends are advising me not to get it stamped in chennai consulate. Does anyone has any experience?

(2) Since, I have applied AP/EAD recently, can you please tell me how long it will take to get the AP/EAD approved in Vermont? When I browsed through this forum, I found that INS does a preliminary check on I-140/I-485 documents before approving AP/EAD? Do you know what preliminary check they conduct? If my AP gets approved and I use the AP to go to my native country, what documents does INS officer at port of entry ask/look at? Will they ask about the H1B stamping?

If option (1) fails due to some reason where the chennai consulate does not issue my stamping, Can I use option (2) to come back again to US?

Thanks in advance for your help!

Regards,
LoveIndiaLikeUS
 
ITs easy to use second option. I will nevr go for 1st option cause they give u pleny of trouble at consultes these days. so Get ur AP and use it.
 
Hi Folks,

Can anyone answer me the question regarding the H1B Stamping Vs. Advance Parole option, especially expecting some feedback from Muntasir and GCApplcnt.

If I choose Advance Parole, can you folks tell me how the whole process works.

(1) What documents do I need to show in the airport when I leave US and what documents do I need to show to INS officers at Port of Entry when I enter US.

(2) Does the H1B Stamping in my passport is essential? (Eventhough I have the valid approval notice till next year). Do I need to tell the INS officer that I am in EAD Status?

(3) Since I have filed concurrent I-140/I-485 and am expecting my EAD and AP will arrive early before I-140 approval. Can I use AP to visit my native country and come back as a parolee?

Thanks in advance for your help!

Regards,
LoveIndiaLikeUS
 
Hi LoveIndiaLikeUS,

You say you are scheduled to go to India in a couple of weeks time.
As per VSC processing times is it possible to get AP so soon ?
Even if you get AP , what if your I-140 is rejected due to some or other reason ?
The consulate cannot reject issuing visa , only thing you need to provide all the required papers in order.The papers that are needed would be posted on Madras consulate site, they keep changing the list of doce they expect , so check it before you go for stamping .
Again , you say you are in status all the time and your H1 is transferred couple of times.How about your spouse , if you are married ?
Does your spouse too has a valid I-94 ?
You may consider all these issues before deciding on what you want to do .
My best bet would be to send my passport to St.Louis and get it stamped. Since you say you have to go to India in a short notice you may discuss your options with your lawyer.
 
I think SXPAT is right , if i were you i would get the passport stamped at St. louis. However they stamp only if passport has validity of 6 months and the old visa stamp has not expired more than a year. I know of people who got passport stamped in 4 weeks , their cases were not complicated.

When leaving country you have to only turn in your I-94.

If you get AP and EAD before leaving, you can enter with AP in case you dont want H1 stamped in India. Using APdoes not invalidate the H1 as far as you are working for same employer.
 
Thanks folks for your reply! Regarding my trip, I am postponing for another two months till I get my AP as my lawyer says that AP is safe compared to H1B stamping for my situation. I would like to answer your questions here.

(1) Yes, I am in status all the time and can prove with previous company's experience letter and W2's.

(2) Fortunately, My spouse also is in H1 and she got her passport stamped when she visited chennai last time. Her company is very cooperative in giving her the company's financial statement which my company is not and hence I am planning to use AP.

(3) As my VISA in passport expired 2 years back, I cannot avail of stamping in St.louis Facility.

Thanks for everyone who are contributing this forum and making this forum great! Today, I called my lawyer and asked several questions regarding this issue. However, I am not clear on one point eventhough lawyer clarified it, he himself says it is a murkier issue.

The questions which I have to everyone is :

"If I use AP to return to US, what will be my status? Since I dont have the VISA stamped on my passport, Will I be in H1B Status (Eventhough I have the I797 Approval Notice) or will I be in EAD Status?"

"Before leaving US, do I need to inform my company to cancel my H1B and ask them to enter my status as EAD by filling I-9 form?"
(If for some reason, my I140 is denied, Can I go back to H1B again since I have filed concurrent I140/I485?)"

"If I dont cancel my H1B and still has EAD and AP and when I come back to US, what should I need to tell the INS officer at port of Entry. If I tell him that I am in H1B and am coming to US using AP, what will happen? Will the INS officer question me why I didn't stamped my H1B in passport?"

Can anyone please clarify the above doubts.

Thanks in Advance for your help!

Regards,
LoveIndiaLikeUS
 
Hi LoveIndiaLikeUS,

1).There is no need to cancel or be after your employer to cancel your H1 just because you filed for 485/AP . As far as my understanding thru the knowledge I gained reading thru these immigration sites is that ,H1 is one visa that is of dual intent nature .Meaning you can file your AOS and still continue on H1.
2).Since you say you have postponed your travel plans , then why dont you wait till your I-140 is cleared and then travel on AP.That way you are safe in almost any worse case scenario.
I donot know the service center you filed your I-140 but I see your I-140 coming thru soon.I know how it is like to go to Chennai for H1 stamping .If I were to be in your shoes depending on the urgency I would take a calculated risk if at all I have to take.If you are still unable to decide I will post my way of thinking about this issue .
This is my two cents.
 
Thanks Sxpat - Please post...

Thanks Sxpat for your help! Your suggestion is good, but I-140 approval will take 6 months since I applied only last week in VSC. Can you post your way of thinking regarding this issue?
 
Hi LoveIndiaLikeUS,

To visit India and be back in US there are two ways that you can do that.
Alternative 1 : comeback on H1 :

In this case you need to go to Chennai ,get your PP stamped and travel back.The timeframe for this is a week or two atmost.The potential risks are that if you are not in a project or your employer is badly screwed up as far as finances are concerned and many other similar issues.If there are none like that get all the docs that you need in order and go for it. Always get the latest list of docs needed from the relevant web site.I went last year to Chennai for stamping , I even took the photos of my employer's office as it was required at that time.

Alternative 2 : comeback on AP:

You already got your AP travel on that and be back.The potential risk is that your I-140 may be denied. But even to do that I guess they would first issue an RFE with sufficient time to respond. If you are up to date on what the RFE is about before they deny I guess you can be back, if at all that happens.If I-140 takes 6 months to approve then rejection also should take the same time if not more.

It depends on your urgency and compulsion to visit .I see that in your case the risk involved is low , so can travel peacefully
 
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