H1 and EAD ....travel on H1 or AP ?

[ginnu]

Hi ,

My H1 is valid upto Feb'06 but stamped VISA has expired in Feb'05. I am planning to travel on AP, are there any issues with it.
---------------------NO, you can use AP
Working on H1, AP, EAD approved, I-140, 485 pending.
------------ after entry on AP one can be on H1 status and also can file H1 extension if working for the same employer who filed latest H1.
Thanks in advance.

 

[ari4u]

Hi ,

My H1 is valid upto Feb'06 but stamped VISA has expired in Feb'05. I am planning to travel on AP, are there any issues with it. Working on H1, AP, EAD approved, I-140, 485 pending.

Thanks in advance.

Doesnt that mean you are out of status if stamped visa on your passport expired Feb-05 ?

----------------- how he can be out of status if his I-485 is pending??? it does not matter if Visa stamp expired he has AOS pending

my apologies for asking wrong question. I was curious because princeknp mentioned his stamped visa in PP expired but he was still working on H1. So wasnt sure if extension for H1 was applied for. So if extension for H1 was not applied or stamping for visa not done, that means he cant work legally unless EAD is used. correct?

 

[princeknp]

FYI: Reply form Attorney

if you have the advance parole document, your travel back to the U.S. should be fine and does not require a visa.

Carry 485 receipts.

 

[max2k1]

I am on working in H1B Visa and the expiration date is Aug 2005.I94 also has the last day as Aug 2005. I am planning to go to India on 1st week of oct and return by Nov 2005 which means that while I am outside the country my H1B Visa will have been expired.
I have I140 Cleared and I485 pending .I have AP(Expires in Jan 2006) and EAD(Expires in Dec 2005).Please let me know in such a situation can I re-enter the US or not. I will cancel my trip If I cannot renter.
Please Advice as I am really very tensed. I haven't gone to India for 3.5 years and now that when I am planning to go I feel I mght be stopped at the POE
Any advice is welcome.
Thanks
Guru K

Its a simple situation -you are over-complicating it

Your AP expires in Jan 2006 -- you can travel and re-enter anytime *before* the date of AP expiry.
Nothing else matters (well am assuming you have a valid passport at all times, of course).

Your EAD expiry/H status is irrelevant.

 

[eb1or_aug05]

I am on working in H1B Visa and the expiration date is Aug 2005.I94 also has the last day as Aug 2005. I am planning to go to India on 1st week of oct and return by Nov 2005 which means that while I am outside the country my H1B Visa will have been expired.
I have I140 Cleared and I485 pending .I have AP(Expires in Jan 2006) and EAD(Expires in Dec 2005).Please let me know in such a situation can I re-enter the US or not. I will cancel my trip If I cannot renter.
Please Advice as I am really very tensed. I haven't gone to India for 3.5 years and now that when I am planning to go I feel I mght be stopped at the POE
Any advice is welcome.
Thanks
Guru K

Your H1B expires before you travel to India. If you are not applying for an extention, then I think you will have to start using your EAD (filing a new I9 through your employer). When you come back, you'll have to renew your EAD to continue working beyond the expiry date of the current EAD.

 

[gp111]

my apologies for asking wrong question. I was curious because princeknp mentioned his stamped visa in PP expired but he was still working on H1. So wasnt sure if extension for H1 was applied for. So if extension for H1 was not applied or stamping for visa not done, that means he cant work legally unless EAD is used. correct?

His H1 is valid up to Feb 06.. Stamp in Passport is just for Travel Purpose. He can work as long as He has Valid H1 Approval (I-94/I-797), he does not need stamp to be in H1 status.

 

[keerat]

H1 Stamping while 485 is pending

I have to travel to India in Nov 2005 and my current stamped visa has expired in Nov 2004. I have H1B extension and I will go for the visa stamping. My I485 is pending.
Now the question is. The H1B visa is for non-immigration temporary work purposes. And the when the consulate comes to know I have intention to immigrate, would't they deny me the visa????

Also they ask to check a box on the visa application form "if anyone has applied for immigration on my behalf" what should I do?? If i say yes (which is true) I risk visa denial. If I Say no, I am telling wrong.

Also my next question is regarding address on the Visa application form. Should I write India address and phone numbers or US address and phone numbers?

Please help

K

 

[ari4u]

I have to travel to India in Nov 2005 and my current stamped visa has expired in Nov 2004. I have H1B extension and I will go for the visa stamping. My I485 is pending.
Now the question is. The H1B visa is for non-immigration temporary work purposes. And the when the consulate comes to know I have intention to immigrate, would't they deny me the visa????

Also they ask to check a box on the visa application form "if anyone has applied for immigration on my behalf" what should I do?? If i say yes (which is true) I risk visa denial. If I Say no, I am telling wrong.

Also my next question is regarding address on the Visa application form. Should I write India address and phone numbers or US address and phone numbers?

Please help

K

H1-B visa allows dual intent, so you shouldnt have any problems with your extension.

 

[gc_inprogress]

Travel on AP or H1

I work for company "X" which holds my H1. I have a EAD and AP from Company "Y". Going to india in jan 2006. I plan to continue working for company "X" until i get the 140 approved. I need to get my 7th year visa extension stamping done in india. So my question is :

1. Am I doing the right thing legally by going for the H1 stamping inspite of having a AP/EAD from another company.

2. I suppose I cannot use the AP to re-enter and then continue to work on company "X"'s H1B. Please confirm.

 

[selvaraj]

Travel using AP instead of H1b. Sponsoring H4 for my future wife.

Here is my case detail
My current visa stamping in passport got expired on 1 Nov 2005.
My h1b (Form I-797) is valid till 17 May 2006.
My I-485 is pending and got EAD and AP thats is valid till 1 Apr 2006.
I want to remain in h1b status since I am planning to get married probably in Apr 2005.
I want to travel to India in Jan 2005. But I couldn't get appointment in Chennai consulate to get
passport stamping. (Currently dates are available in March 2005)
Shall I use AP to travel back to the USA? If so, what will be my status after entering in AP.
Also what "CLASS" they would mention in my I-94 while getting in using AP.
Does this create any problem later (may be Apr 2005) while applying h4 for my wife?
I am so confused with this situation. Could somebody provide me with some idea about this.
Thanks

 

[niwnow]

Interesting discussion with USCIS rep

Hello All,

I don't want any one to panic. But I do want to share a very interesting chat I had with a USCIS rep. I indicated my case to begin with, I-140, I-485, I-131, I-765 all filed together RD: 9/26, ND: 10/26. My EAD and AP approved 10/18 and 10/21.

As I was talking about H1 validity having applied for EAD, the rep very strongly indicated that since I applied for EAD, I am now retrogressed and H1 is not valid. It goes against all that I have read and heard so far, unless the rules changed in the last few days. My current H1B is valid until 2007. She strongly recommended that I report my EAD to employer and get the I-9 filed by them. This again is kinda new info.

When I asked the rep about my travel out of country. She mentioned that only AP will be necessary since it is not business trip.

Now can I travel out , apply for H1 visa at home country and get back in on H1 stamped visa. Will my non-immigrant visa even be approved since an immigration petition is pending in US?

Lots of questions. See what you guys can make of this situation. I'm consulting a lawyer in the mean while.