DO I have to go outside the country

hassoon

Registered Users (C)
Thanks so much,
DO I have to go outside the country upon the new H1 approval. I already have AP, can I just use AP and not get H1 visa stamp if I want to leave and come back?
 
DO I have to go outside the country upon the new H1 approval?

----- YES, get H1 stamp then get new I-94 with H1B status
I already have AP, can I just use AP and not get H1 visa stamp if I want to leave and come back?
----- You are NOT on H1 status by using AP you will not be on H1 status if want to be on H1 status get H1 visa stamp and enter on H1
 
Originally posted by ginnu
DO I have to go outside the country upon the new H1 approval?

----- YES, get H1 stamp then get new I-94 with H1B status
I already have AP, can I just use AP and not get H1 visa stamp if I want to leave and come back?
----- You are NOT on H1 status by using AP you will not be on H1 status if want to be on H1 status get H1 visa stamp and enter on H1

I do not agree with this post. If you have a valid H1 approval, that remains valid even if you use AP to re-enter US. Using AP does not change affect your H status. You authorization to work is determined by either an approved H1 (I-797) or an EAD.

H visa is not required to maintain H status.
 
Hassoon
DO I have to go outside the country upon the new H1 approval?
----- What is your current status? I hope you are using EAD, if you are working on EAD then filed for NEW H1 approval then you will not get any I-94 attached with that NEW H1 approval. If you want to be on H1 status again get H1Visa stamp and enter on H1 status. The confusion from your post is that I don’t know if you are still working on H1 status if you are working on H1 status and use AP then you can be on H1 after entering with AP,
I already have AP, can I just use AP and not get H1 visa stamp if I want to leave and come back?

------ just to clear my above post I thought that you are not working/maintain H1 status and have filed NEWH1 and want to be again on H1 though NEW H1
 
check with your lawyer though

since you have already had an interview for 485, did they get back to you with a definite answer about the case.
ask someone knowledgeable about your case if what you are considering is okay or not. what is okay in one situation may not be the same in another.
Best Regards
 
Please reply

Yes, I have used and am now using EAD. Can I apply for H1B at all. In the past I was on H1 for about 3 years. But the last few months I was on EAD.

Can I apply for new H1 at all? Please elaborate


Thanks so much
 
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