AP pending, cannot leave US (H1B)??

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lz25888

Registered Users (C)
From Murthy chat:

Chat User : Dear Murthy, thanks for the great service. Can a person leave the country on H-1 while AP is pending? Will it cause problems at the POE?

Attorney Murthy : A person is generally advised not to depart, prior to the AP having been approved, if the person intends to use the AP to reenter the U.S. The POE inspector has the right to deny entry to a person seeking to enter on the AP if, upon checking, it is learned that the AP was issued after the person had already departed the U.S. This could cause serious problems for the person to be able to reenter the U.S.


What does it mean? so if I have AP pending, I could not leave the country? I could not try to get a H1B stamp or H1B automatic revalidation (short trip to canada)?

any inputs??
 
AS LONG AS YOU HAVE A VALID H-1B STAMP IN YOUR PASSPORT YOU MAY TRAVEL ABROAD. MOST RECENTLY AS SEEN ON WWW.FRAGOMEN.COM. PEOPLE HAVE BEEN ASKED QUESTIONS WETHER THEY HAVE ADJUSTED THEIR STATUS AT THE PORT OF ENTRY. YOU CAN ALWAYS REPLY YES WHICH IS THE CORRECT ANSWER AND EXPLAIN YOU HAD A FAMILY EMERGENCY THAT IS WHY YOU HAD TO TRAVEL AT SHORT NOTICE AND COULD NOT WAIT FOR THE AP TO COME.

THEY OTHER ALTERNATIVE IS GO TO THE LOCAL BCIS OFFICE AND GET THE AP DONE THERE. ITS A LITTLE HARDER TO DO BUT IF YOU HAVE A GOOD REASON THEY USUALLY ALLOW YOU TO DO IT.
 
Thanks,

What happened if I don't have a H1B stamp (old one expired and new I797)? Could I either use the 30 days rule for trip to canada or apply for the stamp oversea?
 
I am pretty sure that the 30 day rule to re-enter from canada using a valid I-94 has been abondoned as of April 2002 or 2003.

You could check it in, but i feel confident that the rule is not valid anyone, and u do need a valid visa to re-entry into us from canada even if the trip was less than 30 days.
 
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