AP question

S

shanku1973

Registered Users (C)
Hi,

My H1B stamping in passport is expired and I have the I-797 extension H1b approval form until 2007. Currently I have applied for I140/I485.

Do I need to have AP to travel outside?. If I travel, I assume I should get my passport stamped with h1b. Will it be a problem to get h1b stamping if I have applied for I485?. There is a question in h1b application asking for greencard details.

Or is it o.k to get AP and travel back and forth without stamping?. Will it affect in anyother ways?

Please explain.

Thanks,
shanku
 
shanku1973 said:
Hi,

My H1B stamping in passport is expired and I have the I-797 extension H1b approval form until 2007. Currently I have applied for I140/I485.

Do I need to have AP to travel outside?. If I travel, I assume I should get my passport stamped with h1b. Will it be a problem to get h1b stamping if I have applied for I485?. There is a question in h1b application asking for greencard details.

Or is it o.k to get AP and travel back and forth without stamping?. Will it affect in anyother ways?

Please explain.

Thanks,
shanku
Click to expand...
Hi Shanku,

H1B visa is a non-immigrant visa, but unlike other visas, the person can apply for green card. This is the dual intent clause.

So to answer, you should not have problems getting a new H1B visa because you had applied for H1B visa. The only thing is get the letter from employer that you are still working for them, and get the few latest paystubs as a backup.

It is literally optional in your case to get AP, because you can use H1B visa to get inside the country.
 
It is ok to travel back and forth with AP. But, one AP expires for each trip.

If you would like to, you can try getting H1 stamped and travel with visa stamped. Then you need not use AP. 485 should ot be a problem to get your H1 stamped. You can specify Yes for the immigration question on H1B application form.
 
Last edited by a moderator:
rkishore999 said:
But, one AP expires for each trip.
Click to expand...

That is not correct. If you have a Multi-entry AP, you can use it as many times as you want, within its validity period. You only need to submit copies to immigration and airlines people. Your AP will be stamped every time you enter US, and if stamp space is filed up,they will attach supplement sheets.

AP is a good security net to have incase you have trouble getting H1 stamp on your visa.
 
Sertra2002,

Thanks for correcting me. But, Isn't there a limit for multiple entry to be able to enter only for these many times when they approve AP? That's what I meant. I worded wrong.
 
Hi Guys,
Could you please clarify:

I have AP(valid till July 2005) and H1B(with expired visa stamp) and if I use AP to re-enter without getting H1B stamp, what will be the I-94 date at the POE? I believe it will be based on AP date (please correct me If I am wrong).

I would like to continue on H1B. So, do I have to go out & re-enter before I-94 expiry(based on AP) even though my H1B is valid till June 2006.

Basically I want to use AP only for travel purpose but like to continue on H1B status.

Thank you.
 
If you use AP your H1 becomes invalid.
It is best you go to your home country and get H1 stamped.
Take your AP with you as a backup and use it only if you have problems in getting H1 stamped
 
Thank rp
In Murthy's site it's mentioned that a person can use AP to travel and still continue on H1B after entry.
If I use AP what will be the I-94 date? And if it is before the expiry of H1B petition do I have to extend AP or travel out of country and re-enter.
Please clarify.

Thank you.
 
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