Complex situation for a required trip.

S

sipak

Registered Users (C)
Great forum with great info!

My case: EB3-VSC RD: 01/29/02, AP and EAD approved with company A. H1-B visa stamp is expired.

Spouse on H4 has similar situation, but still has valid H4 visa.

Company A laid off most employes. Luckily got new offer with company B before lay off and joined B immediatly at the time of lay off on 05/13/02.

Tried getting H1 revalidated at state dept. but company B layer informed that state dept. is un-officially not approving visa revalidations for people from 28 high risk countries (I'm from Pakistan). Suggested that you should get visa re-stamped at your home country; and informed that even there now every one is having 20 days of wait period prior to visa issuance for background check.

First of all, do you agree with this?

I understand that my GC application is subject to AC21 regulations that are about to be published. And it may or may not go through.

But question I do have are, while I'm planning to go to my country in October:

1. In case my H1 visa stamp is denied at home country, can I come back to US using AP from company A?

2. If I come back on AP, can I continue my job on same H1 with company B?

3. Can my wife use old valid H4 visa to come back or should she be using AP too?

I would really appreciate if you please do reply these questions.
 
answers...

1. AP is not company specific. If you(or spouse/dependents) have AP U 'all are fine.
2.Assuming that all u lack is H1 stamp, yes U can . It all depends on who is the company that U will join after GC approval....

3. Ap is best.
If U do not work for old company, she will be commiting immigration fraud if she comes in old employer visa.
 
Followup clarification.

Jaxen,
Thanks for your reply.

One follow up clarification though for your answer 3.

Isn't it true that one can use old but valid H1/H4 visa stamp for previous employer to enter to US as long as he has valid new H1/H4 approval for new company?

As a matter of fact, I myself did the same 1.5 years back. I had the H1 visa stamp for company A, but was working for company B. And I came to US with no problem at all.

With that in mind, can't my spouse return to US on valid H4 stamp for my old employer?

Your answer is appreciated.
 
not just the old H4 stamp

To enter US with an expired h4, She needs a new approval of h4 (not mere h1). Either that or she should get a new h4 stamp based on the new h1.
In the I94 , company name is entered (and in their systems too) by the POE officer. If she were to be in the US while you transferred your H1, you are supposed to apply for her h4 extension too. Best way to mitigate this is either to get a new h4 stamp or to use AP.

Of these 2 unambiguos methods to enter US, I recommended AP.
I know that some h4s have entered in old company H4. I would not take that ambiguos option if I were you.
 
Followup clarification.

Thanks Jaxen,
Actually I applied for her H4 transfer (with my H1 transfer) and have H4 approval for new company. Her old H4 visa stamp is still valid for one more year.

With this info. Do you think she will be fine, if she uses old company stamp + new company H4 approval notice?

Thanks.
 
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