Ead, Ap & H1

R

rarajesh

Registered Users (C)
I received my EAD and AP a few days back.

The H1 stamped on my passport expired on 10/2002 and I have a valid H1 approval notice until 10/2003. I'm planning to go to India for three weeks. My question is as follows

It seems like there is a significant amount of delay for getting H1 visa stamped in India. If I re-enter US using my AP, do I risk losing my H1 ?

Do I have to file a I-9 with my employer using EAD after I re-enter using AP ?

Any help would be greatly appreciated.

-Raj
 
Nooo

Just show the new approval and old stamp to enter US. Read up AC21 or previous posts in this and H1 forum regarding this.
However even if you use AP, you dont have to use EAD. You can still be on H1 (and get revalidated from St.louis or apply for another h1 transfer...)
 
Thanks for your reply.

One thing I forgot to mention is that the expired H1 stamp is from a different company.

Will I be able to re-enter the US using an expired H1 from my old company and valid H1 notice from my new company ?

Appreciate your help.
 
well i donot agree with jaxen that u can enter showing ur new approval as ur H stamped has already expired Yes u can enter US showing ur Advance parole but not by just showing ur new H approval and old H stamp that is true only if one has unexpired visa in Passport and new H
Hope this helps

PS I am not a lawyer my opinion
 
Read up the section on Admission Procedures for Non-immigrants claiming portability (under VISA Portability section D-AC21 105)
and tell us whether you want to change your opinion.

The logic is that visa is given after verifying documents about the individual and the company. The extent of stay is determined by the I94 issued by the POE inspector. An old expired visa and new approval has passed the 2 tests
1. Individual has been subjected to consular processing while on this particular visa category
2. Individual has valid status approved by INS.

Of course, getting the visa stamp is the safest and surest way to enter USA and I always advice that.
 
"kidsdoc" is Correct

If your H1B Stamp on your Passport is expired then get H1B stamp in India or Revalidate in US through Department and get Stamp in your passport according to new H1B approval.
Or
enter on AP

Becase once you catch a flight from India to US you have to show Valid US visa stamp in your Passport to Immigration deparment (in India) if you dont have that in your passport they will not allow you to board a Plane for US,

if you dont have Visa then you have to show AP
 
Last edited by a moderator:
Hmmm

I think this stems from use whatever to get past bureacracy mentality.
How about if you show AP everywhere (including Immigration in India and transit points ) but H1 approval at POE@USA??
However it is pathetic that at many places this is the only way to get around.
How far are you ready to play the fox?
If you suggest AP is a better document, then that is different.
 
am not sure if jaxen is a lawyer He once gave wrong advice to my query about the H revalidation fees
will take any advice with pinch of salt from any of the users on the board
 
Dear kidsdoc
I am sure Jaxen is not immigration lawyer becase if he would have been Lawyer he will provide his Email and contact as Jim pots, but he is providing free service in this discussion group and many friends benefit from that, he can be wrong at some time and some lawyers are also not update as INS is making changes everyday, mistakes happen. We cannot deny the contributions by Jaxen and other friends. It is always advised that talk to your lawyer for a definite answers to ones particular problems or information.
Regards
 
I'm not a lawyer...

If you dont screen INS/State deptt. sites for fee information then you should really be a dunce to heed my advice on fees. It is true, I have not been up to date about fees in this forum. (gheewalbhai is a witness). But I feel that persons who post questions about fees , do not deserve an accurate answer. Once again :- My opinion.

So far, most of the times My Opinions just reflect what other people have been successful in doing under same or similar circumstances. I owe to this and other forums for giving me this exposure and knowledge. This is not my swan song yet, so I am not going to list users here.

I started to participate in this forum after I witnessed people who can "speak " and "act" right can get away from all those immigration crimes, but persons who are ignorant about their rights or poor in english or less knowledgeable about immigration are being fired or deported.

You have to take all advices - even if it is from god , with a pinch of salt. This forum is an immense information resource, Just scourge the archives, you will find the answer to even your domestic problems.

I yearn for a logical discussion or discourse or a challenge. So far the only passionate responses from me relate to some stupid posts.

BTW I plan to quit after I reach 5000 posts. So from now on I will leave the discussion to various veterans and will interfere only if
1. Nobody answers your Q for 7 days
2. Wrong information is being quoted as the only possible solution.

If you see this post in other or irreleavant forums again , please forgive me.

But before posting your Qs search the archives. I personally believe that between Rajiv and Sheila, salvation can be attained by the desi community.

I have to thank Jim Mills too on this venture, I will come to you for advice if I ever face a Samuel Jackson situation as in "Time to Kill" or some immigration snafu. I have your number. Dont be surprised if this moustache come to you for help.

I am not going to respond to "you go guy/gal (have you ever thought that I might be a woman of indian birth?)" or "you suck, get off" ...

For all those who want confirmation on my answers, read my post again.

For all those who respond with anger, Hey, this is my opinion. If you have any problem, fix it yourself, dont blame it on the response.

I'm rambling!! I'll stop. good Bye.
 
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