Do I need to get my second H1 visa stamped?

R

rav_oranges

Registered Users (C)
Guys,

My original H1 is expiring on Sept30 07. We applied for an extension and I have the notice of approval for an extension visa till Oct2010. My i485 application was submitted in March 07 and I have my AP and EAD already.

I would like to maintain my H1 visa till I get the i485, so I won't be using my EAD and am planning to stay with my current company.

So specifically do I need to get the H1 stamped in my passport or is it okay to just have the notice of approval?
 
rav_oranges said:
Guys,

My original H1 is expiring on Sept30 07. We applied for an extension and I have the notice of approval for an extension visa till Oct2010. My i485 application was submitted in March 07 and I have my AP and EAD already.

I would like to maintain my H1 visa till I get the i485, so I won't be using my EAD and am planning to stay with my current company.

So specifically do I need to get the H1 stamped in my passport or is it okay to just have the notice of approval?
Click to expand...

You would be using the stamp in your passport for travel purposes only correct? If so, then there is no reason why you can't just use your AP and not bother with getting the passport stamped. Nothing precludes you from working on H1 and traveling with AP...they're mutually exclusive entities. Using the AP for re-entry does not invalidate your H1B work status.
 
rav_oranges said:
Guys,

My original H1 is expiring on Sept30 07. We applied for an extension and I have the notice of approval for an extension visa till Oct2010. My i485 application was submitted in March 07 and I have my AP and EAD already.

I would like to maintain my H1 visa till I get the i485, so I won't be using my EAD and am planning to stay with my current company.

So specifically do I need to get the H1 stamped in my passport or is it okay to just have the notice of approval?
Click to expand...

As long as your status is not changing, you no need an Visa stamping on passport while living/working in US.

In your case, you are good for now.
 
ks_cc said:
You would be using the stamp in your passport for travel purposes only correct? If so, then there is no reason why you can't just use your AP and not bother with getting the passport stamped. Nothing precludes you from working on H1 and traveling with AP...they're mutually exclusive entities. Using the AP for re-entry does not invalidate your H1B work status.
Click to expand...

That is what I was thinking. Just I was wondering is there some requirement that I must have the stamp in my passport. In fact last time I travelled my attorney specifically told me to use the AP and so have a stamped AP that I can use.

So maybe the question is more if I have a notice of action for a H1 do I have to get it stamped to maintain H status if I don't need it for travel as I have AP?
 
Well, there are some concerns that using AP may invalidate the H1B status. It's a gray area, no specific rules by the INS. So it is the safest if you get the H1B stamp again before returning to the US. You should also carry the I-485 notice and AP in case your I-485 is approved when you are outside the country. that case H1B becomes invalid and you need to use AP to reenter.

I'm in the similar situation and have done a lot of research. Also my attorney has said the same (so is Murthy.com).


However, if you are not traveling outside the country, you do NOT need restamping. The H1B approval notice is good enough for your status. It has the most current I-94 that allows you to stay until 2010. Things change when you leave the US and want to reenter.
 
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