AP Vs H1

V

venkatsri

Registered Users (C)
My H1 visa stamping expired at PP.

140/485 Pending at NSC from Aug'03
EAD/AP Approved on Nov'03

1 .can i make a trip outside U.S?
2. while coming back whether i need visa stamping at PP?
3. can i use AP at POE?
4. Will it make any problem at the time of entry to U.S, if there is any RFE on 140 at the time of away from this country?
5. after entry can i use H1 to continue my employment?

Please share your thoughts,

Thanks

VKT
 
Please help me

Anyone please post their experiences here?

I am getting different informations, i am totally confused here.

After entered using AP without H1 visa stamp in the passport can i continue work under H1?

Please..........

VKT
 
It is always better to get the H1 stamp.
If the H1 is already approved, you have to get the H1 stamp in order for you to be on H1.
If H1 extn/transfer is pending then you can argue about using AP to enter and H1 being the employment status.
I dont generally post threads with more than 0 replies, since I want to address people who go unanswered, so practice patience when expecting answers,
 
jaxen,

I am scared to get H1 visa stamp at chennai consulate.because i have some issue regarding last year W2 & without job around 7 months. That is why i'm thinking to use AP to re enter U.S.

VKT
 
Hi venkatsri ,

I travelled to India (Delhi) last month and came back to US (New York POE) using my AP. No problem at all. Currently my I-140/I-485 is pending with TSC . Also I had my visa stamp expired in July,03.
Now I am working using my EAD.
Hope this helps.
Rajiv.
 
ginnu thanks for your link.

If YES means,

without H1 visa stamp in the passport i can continue work under H1B.

i am making myself very clear.

VKT
 
Anyone know if it is required to surrender the I-94 form while using AP ? my H-1B is just extended for another 3 years, I hope to continue to work on H-1B. Anyone experience will be highly appreciated.
 
Whenever you leave USA you have to surrender your I-94. When you come back you will be given a new one.
Hope this helps.
Rajiv.
 
will the new I94 be still my H-1B status ? Thanks, really confused.
I will be on travel in 3 weeks, anyone has real travel experience using AP while maintaining H-1B status ?
 
I have used AP twice while still working under H1-B. My spouse was able to extend H1-B in VSC after using AP. So I am almost sure that using AP will not invalidate H1-B if we are not working for anyone else. Anyway to be under saferside I have the EAD (also extended ),but never used it.

I-94 will show "paroled status".
 
holding PP possible?

I am planning for H1 stamping in chennai consulate. Even though my EAD/AP approved. 140 pending at NSC.

suppose if the consulate stamped my H1, it is OK i can reenter without any probelm.
1. what will happen if they refused under 221(g)? can i reenter thro AP?
2. Is it possible if they hold the passport at the time of interview for admin processing or some other reasons?
3. will they return all the documents(including PP) regardless of issuing visa or not?

Thanks,

VKT
 
jvs1,
My spouse's company has filed for my GC and I'm on a H1B.I'm about to send my PP for visa renewal.
In form DS-156, there is a question-
"Has anyone ever filed an immigrant visa petition on your behalf?"

What to mention here?

I thought you would know since you've mentioned that your spouse applied for H1 renewal..

Thanks a bunch !
 
My spouse's company has filed for my GC and I'm on a H1B.I'm about to send my PP for visa renewal.
In form DS-156, there is a question-
"Has anyone ever filed an immigrant visa petition on your behalf?"
--------- IF employer filed I-140 for YOU then write YES, If I-140 was filed ONLY for your spouse and NOT for YOU then write NO. I-140 is immigrant petition. If only LC has been filed then answer will be NO
 
ginnu,
thanks for your answer,but I would appreciate if you could be more clearer..
It asks, ' if Yes, who' ?
Since my spouse's company has filed for my 485/EAD, what should I specify?
thanks..
 
ginnu,
thanks for your answer,but I would appreciate if you could be more clearer..
It asks, ' if Yes, who' ?
Since my spouse's company has filed for my 485/EAD, what should I specify?
------ Your spouse company filed I-140 and then I-485 it means your company has NOT filed any I-140 for YOU it was for your spouse, so YOUR answer will be NO as no I-140 was filed for you.
 
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