AP, Valid H1-B without the visa stamp and travel. Please help

guju

Registered Users (C)
Hello everyone,

I see that lot of people have asked parts of my questions, but it is difficult to compile an accurate answer, so I thought that I will lay down my scenario and hope to get some input from people with smiliar situation. I would also appreciate if the attornies reply to this.

My employer filled my H1-B (expires in March 2004). I don't have H1-B stamped on my passport. (The only visa stamp on my passport is my F-1 Visa). Then back in December 2002, my employer filled for my AOS (Labor certificate was approved under RIR). My I-140 has approved in March, and now I have filled for EAD and AP.

My questions are:

1. After I get my AP, I would like to go to my home country. Can I apply at the US Consulate there for an H1-B Stamp (non-immigrant visa) on my passport? (Even thought I am already in process of getting an immigrant visa). Is there any problem for me to go to the consulate for a non-immigrant visa while i am in process of getting an immigrant visa? (I think Green Card is an immigrant visa)

2. Now lets consider that for any un-seen reason my application for the H1 VISA stamp is rejected, then can i still come back to USA using my AP? What potential issues and ramifications do I have at the port of entry? (The immigration officer will see that I had applied for H1-B and was rejected)

3. I came back using my AP, and with a rejected H1-B visa, and if I continue working with the same employer, will I still stay on H1 Status or will I be considered as parolled, and I will require EAD. (I know that in the case of comming back with AP and having a valid H1-B visa, and working for the same employer will allow me to stay on H1-B, but what if I had tried to apply for a VISA and was rejected)

4. Is it more advisable to not apply for H1-B Visa at the consulate and just come back using AP?

5. Is it more advisable that I should not go, and just wait for I-485 to be approved?

Most questions on the forum and faq address certain parts, but as everyone knows the sometimes the applications of laws change completely even if there is a minor twist in the situation, so I would appreciate if I can get advice, comments, concerns on my questions.

Thank you in advance!

Regards
 
1. After I get my AP, I would like to go to my home country. Can I apply at the US Consulate there for an H1-B Stamp (non-immigrant visa) on my passport? (Even thought I am already in process of getting an immigrant visa). Is there any problem for me to go to the consulate for a non-immigrant visa while i am in process of getting an immigrant visa? (I think Green Card is an immigrant visa) YES, YOU CAN . H1 ALLOWS YOU TO HAVE IMMIGRANT INTENT.

2. Now lets consider that for any un-seen reason my application for the H1 VISA stamp is rejected, then can i still come back to USA using my AP? What potential issues and ramifications do I have at the port of entry? (The immigration officer will see that I had applied for H1-B and was rejected) YES, YOU CAN RETURN USING YOUR AP.

3. I came back using my AP, and with a rejected H1-B visa, and if I continue working with the same employer, will I still stay on H1 Status or will I be considered as parolled, and I will require EAD. (I know that in the case of comming back with AP and having a valid H1-B visa, and working for the same employer will allow me to stay on H1-B, but what if I had tried to apply for a VISA and was rejected) AS LONG AS YOU HAVE APPROVED H1 STATUS, YOU ARE OK, A VISA IS NOT REQUIRED TO MAINTAIN H1 STATUS.

4. Is it more advisable to not apply for H1-B Visa at the consulate and just come back using AP? DOES NOT REALLY MATTER

5. Is it more advisable that I should not go, and just wait for I-485 to be approved? THERE SHOULD BE NO PROBLEM TRAVELING.
 
Top