H-1B visa stamp and AP

A

aos_query001

Registered Users (C)
EB2/Labor (RIR)/Non-concurrent
PD : 09-25-2003
Labor RD : 09-24-2003
Labor AD : 05-03-2004
I140 RD : 07-09-2004
I140 ND : 07-19-2004
I140 AD : 11-09-2004
RD : 12-02-2004
ND : 12-13-2004
FP1 : 01-21-2005

I am on H-1B visa and have completed my 3 years. My employer has filed for H-1B extension but before I get a stamp on my passport I have the following questions -

1) Is it a good idea to get both H-1B stamp and AP?

2) I am from India. Should I get AP before H-1B visa stamp or should I get H-1B visa stamp before AP? Does that matter?

Thanks much in advance
 
You cannot get AP as you have not yet applied I-485. The only option for you is to get the H1-B stamp.
 
EB2/Labor (RIR)/Non-concurrent
PD : 09-25-2003
Labor RD : 09-24-2003
Labor AD : 05-03-2004
I140 RD : 07-09-2004
I140 ND : 07-19-2004
I140 AD : 11-09-2004
I485 RD : 12-02-2004
I485 ND : 12-13-2004
FP1 : 01-21-2005
Spouse I485 RD : 01-24-2005
Spouse I485 ND : 02-07-2005
Spouse FP1 : 03-23-2005
Spouse EAD1 : 03-28-2005
Spouse AP1 : 03-28-2005

I have filed 485 already. Sorry for the confusion. Can I please get answers to my questions -

1) Is it a good idea to get both H-1B stamp and AP?

2) I am from India. Should I get AP before H-1B visa stamp or should I get H-1B visa stamp before AP? Does that matter?

Thanks a lot
 
So you don't have an AP but your spouse does.
It would be better to get your AP then go to India. Try the H1-B samping if it works come back using H1-B else come back on AP then once you are in the US your I-94 will expire on the day your AP expires. Ask your lawyer to send a request to the USCIS ( I don't remeber the form name ) to change from Parolee-AOS status to H1-B. Then you will get a new I-94 when you get the change approved and be back on H1-B ( LEGALLY ).
PLEASE TALK TO YOUR LAWYER.
 
aos_query001 said:
1) Is it a good idea to get both H-1B stamp and AP?
Click to expand...

Yes. Normally any one of them is good for re-entry. But in certain situation AP can be useful. For example, if you loose job, your H1 becomes invalid. But if you have AP, you will be able to travel and re-enter USA.


aos_query001 said:
2) I am from India. Should I get AP before H-1B visa stamp or should I get H-1B visa stamp before AP? Does that matter?
Click to expand...

Does not matter. Either way is fine.
 
Hathwar..pls clrify..

Hi,

Recently i used AP to enter USA. But still I am on H1B with GC sponsored employer. I have EAD but haven;'t told the company. I have H1 until next year may 2006 and immigration officer at POE stamped my I-94 card & 2 AP forms as AOS until March 5th 2006.
My I-94 given/stamped on AP-expires on march 5th 2006 and my I-94 issued along with H1 expires in may 2006.So in march 2006 Shud I apply for New I-94 to NSC thru my lawyer as AOS-AP-I94 expires in march 2006??
or in May 2006 (means 4 months earlier) shud I apply for NEW H1 extension to get new I-94??


Pls clarif and thanks alot for your info. Earlier also I got useful info by you for my queries befre I went to india and used AP to comeback to USA.

GB
 
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