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

S

scjdp

Registered Users (C)
My H1 is going to expire on sep 05, I am working on H1 now, I want to continue mantain my H1 status, I appling for 7th year extension few days back.
I have my EAD and have applied for AP. I have never used my EAD. 140 approved and 485 is pending. I have travel plans for Nov 05.

Questions:
1. Which document I should travel on AP or H1?

If the answer is AP
- Does this invalidate my H1 status?
- Do I have to have approved H1 notice?
- Do I need to have H1 stamped on my PP?
- Do we need to specify we want H1 status when they write on the back of I - 94?

If the answer is H1
- Do I need to have H1 stamped on my PP?
- Will Consulate in India ( Bombay) give me the stamping ? Is there any rule like if you have applied for adjustment of status they will not give you stamping? as in D176 form for stamping we check the check box indicating the same?
- Do we need to specify we want H1 status when they write on the back of I - 94?
- Does this invalidate the adjustment of status?
- Can I apply for 3 years of extension ?


Different case for my Husband

H1 is valid till May 06 - Stampped , working using EAD, applied for AP

Questions:
1. Which document he should travel on AP or H1?
If the answer is AP
- Since when his H1 is considered not in use ( means the years will not be used out of initial 6 years for H)? is it since the day he started working on EAD?
If the answer is H1
- Does this invalidate the adjustment of status and his employment using EAD?

Please help.
 
scjdp said:
My H1 is going to expire on sep 05, I am working on H1 now, I want to continue mantain my H1 status, I appling for 7th year extension few days back.
I have my EAD and have applied for AP. I have never used my EAD. 140 approved and 485 is pending. I have travel plans for Nov 05.

Questions:
1. Which document I should travel on AP or H1?
-------------------------- if the H1 visa stamp is valid in passport use H1 stamp to enter if H1 extension gets approved before you go out then show valid passport Visa and H1 extension approval notice at POE and you will get I-94 based on H1 extension. if Visa gets expired then you can get H1 stamp showing H1 extension and enter on H1 OR you can use AP
If the answer is AP
- Does this invalidate my H1 status?
----------------NO, if you are working with the same employer who filed latest H1 extension
- Do I have to have approved H1 notice?
----------------- for AP use no need of H1 extension approval notice but if you want to enter on H1 and has valid Visa stamp then can enter on H1 and show H1 extension approval notice at POE
- Do I need to have H1 stamped on my PP?
----------- if visa gets expired while you are out then if H1 extension is approved and you have it with you then you CAN get H1 stamped
- Do we need to specify we want H1 status when they write on the back of I - 94?
---------------------- if you enter on H1 then they will write H1
If the answer is H1
- Do I need to have H1 stamped on my PP?
-----------read above
- Will Consulate in India ( Bombay) give me the stamping ? Is there any rule like if you have applied for adjustment of status they will not give you stamping?
-------------------H1 H4 are dual intent, by filing I-485 visa is not rejected
as in D176 form for stamping we check the check box indicating the same?
-------------- write correct info
- Do we need to specify we want H1 status when they write on the back of I - 94?
-------------- if you enter on H1 status they will write H1 on I-94
- Does this invalidate the adjustment of status?
------------------------NO
- Can I apply for 3 years of extension ?
-------------------------- I dont know your full details

Different case for my Husband

H1 is valid till May 06 - Stampped , working using EAD, applied for AP
--------------------------- if he had H1 why he is using EAD???
Questions:
1. Which document he should travel on AP or H1?
If the answer is AP
- Since when his H1 is considered not in use ( means the years will not be used out of initial 6 years for H)? is it since the day he started working on EAD?
If the answer is H1
- Does this invalidate the adjustment of status and his employment using EAD?
--------NO
Please help.
Click to expand...
for more info on H1 AP read below:
H1, AP
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/UDnewins.html

http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

http://www.murthy.com/chatlogs/chat0816.html
Chat User : Can one continue to work on H-1 after using advance parole to travel? Thanks.

Attorney Murthy : One may not only continue to work on the H1B, but one may also file an extension of the H1B even after having entered on the AP. The problem is that there are no USCIS regulations on the dual intent issues. We only have Legacy INS Memos on this subject from March and May 2000 with the second Memo of May 2000 superseding many sections from the earlier Memo. Generally, a person is allowed to file an H1B extension as long as s/he continues to work for the H1B sponsoring employer even if s/he previously used the EAD or entered on the AP.
 
need information

I am posting this request for my cousin. He has family urgency in India. He needs to go to India in one or two days. But he had following visa situation.

He has a valid H1B till mid next year and stamped on passport with company “X”. He applied for I140/I485, EAD with company “Y”. But, he didn’t apply for AP with company “Y” because he has stamped H1B till May 2006 with company “X”. He has started working with company “Y” (From Jan 2005) after EAD approval but he never transferred his H1B to company “Y”. Unfortunately, company “X” went out of business couple of months back.

With this situation, can he travel to India and reenter with old H1B? If it is not possible, Can he apply for AP at local INS office and get some quick approval for AP. What is the best solution he could do? He really needs to go to India to take care of his parents.
 
Ginnu Help please.

If my wifes AP gets approved after she has left USA.
And I mail the AP to India afetr approval, can she can come back then using AP ?

Or, AP is needed while leaving US itself ?

Also one more question, can I file just AP, without EAD ? Can it still be used to reenter USA ?

thanks,

Prashant --
 
prash_mate said:
Ginnu Help please.

If my wifes AP gets approved after she has left USA.
And I mail the AP to India afetr approval, can she can come back then using AP ?

Or, AP is needed while leaving US itself ?

Also one more question, can I file just AP, without EAD ? Can it still be used to reenter USA ?

thanks,

Prashant --
Click to expand...

If you are currently under AOS and leave the country without getting an AP, it is considered as abandoning your GC process and you might not be allowed to enter US.

Look here
http://uscis.gov/graphics/services/Emergency/index.htm

Due to recent changes to U.S. immigration law, travel outside of the United States may have severe consequences for aliens who are in the process of adjusting their status, extending their nonimmigrant stay, or changing their nonimmigrant status. Upon return, these aliens may be found inadmissible, their applications may be denied, or both. It is important that the alien obtain the proper documentation before leaving the U.S.
 
prash_mate said:
Ginnu Help please.

If my wifes AP gets approved after she has left USA.
And I mail the AP to India afetr approval, can she can come back then using AP ?

Or, AP is needed while leaving US itself ?
------------- approved AP in hand before going out of US
Also one more question, can I file just AP, without EAD ?
---------------yes
Can it still be used to reenter USA ?
------------EAD is just for work AP is for rentry to US
thanks,

Prashant --
Click to expand...
 
Thanks ginnu.

Also, your explanation about AP has to be approved before leaving US, holds good only in case if my wifes uses EAD correct ?.

Currently I have new H1 approval and my wife has new H4 approval plus my AOS is pending. So thought in order to avoid H1-B hassles in Inida (Dec 2005), I would apply for EAD/AP for both of us. After returning from India my wide intend to use EAD.

In this case, if I do not get EAD/AP before leaving to India, I will get my H1 and my wifes H4 stamped in mumbai consulate and reenter, is this Ok ?
If we do get our EAD / AP before leaving then we both plan to enter using AP? will this be valid.

Nowadays hwo many months is taken to get AP approved from INS ?
Do I need to do anything special in order to use AP.Also while returning while que I should stand in ?


thanks,
 
prash_mate said:
Thanks ginnu.

Also, your explanation about AP has to be approved before leaving US, holds good only in case if my wifes uses EAD correct ?.
------------- correct
Currently I have new H1 approval and my wife has new H4 approval plus my AOS is pending. So thought in order to avoid H1-B hassles in Inida (Dec 2005), I would apply for EAD/AP for both of us. After returning from India my wide intend to use EAD.

In this case, if I do not get EAD/AP before leaving to India,
I will get my H1 and my wifes H4 stamped in mumbai consulate and reenter, is this Ok ?
---------------- that is OK but you need to book appoinment 70-80 days advance to get H1 or H4 Visa stamping done through US consulate Bombay

If we do get our EAD / AP before leaving then we both plan to enter using AP? will this be valid.
------------- yes
Nowadays hwo many months is taken to get AP approved from INS ?
---------------- depends on your service center
Do I need to do anything special in order to use AP.
-------- just show the AP to airline before taking a flight to US and again show the AP at POE ( for airline make one copy of AP )
Also while returning while que I should stand in ?
-------------------- you will NOT stand in permanent residents and US citizen line at POE

thanks,
Click to expand...
 
Thanks Ginnu

I came to know today that the H1 papers are not yet sent and my Company is suggesting to go for Premium Processing.
My question is do I even need to have approved H1? and if I have it why to go and get stamp in Inida? IF I can use my AP and still maintain my H1 status coz I am working for the same employer.????

What is advantage of having the approved H1 in hand and taking the stamp in India?
 
ari4u said:
If you are currently under AOS and leave the country without getting an AP, it is considered as abandoning your GC process and you might not be allowed to enter US.
Please note the exception in the link you mentioned.
Look here
http://uscis.gov/graphics/services/Emergency/index.htm

Due to recent changes to U.S. immigration law, travel outside of the United States may have severe consequences for aliens who are in the process of adjusting their status, extending their nonimmigrant stay, or changing their nonimmigrant status. Upon return, these aliens may be found inadmissible, their applications may be denied, or both. It is important that the alien obtain the proper documentation before leaving the U.S.
Click to expand...

Advance Parole
Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 nonimmigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US
 
scjdp said:
I came to know today that the H1 papers are not yet sent and my Company is suggesting to go for Premium Processing.
----------------- if they are filing through Premium Processing then your H1 will be approved in 15-20 days after USCIS gets the extension and your approval will have new I-94 attached( if you have spouse on H4 file her H4 ext with your H1 in same envelope so that both get approved same day)
My question is do I even need to have approved H1? and if I have it why to go and get stamp in Inida?
-------------------- if you have valid Visa stamp when you come back just show passport valid visa stamp and H1 extension and you will get white I-94 at POE till H1 extension approval, if the Visa expires while you are out then get visa stamped and enter on H1
IF I can use my AP and still maintain my H1 status coz I am working for the same employer.????
------------------ if enter on AP still you can maintain H1 status. read the memo posted above
What is advantage of having the approved H1 in hand and taking the stamp in India?
------------------------ if you dont want to use AP then to get H1 stamp from consulate you need H1 approval
Click to expand...
 
I am sorry Ginnu

If I was not clear ...what I am trying to ask is if using AP I can come to US and also maitain H1 status ....

Then why to go for premium ( coz I have to pay for it) and why at all get the stamping ....( appointment and expeces etc)

-- So is there are any benifit of using H1 instead of AP ...if there are any benifits then I would spend money and take appointment etc.

Please enlighten

Thanks Once Again.
 
scjdp said:
Advance Parole
Most aliens who have pending applications for immigration benefits or for changes in nonimmigrant status need Advance Parole to re-enter the U.S. after traveling abroad. Aliens applying for advance parole on the basis of a pending application for adjustment of status must be approved for advance parole prior to leaving the United States in order to avoid the termination of their pending application for adjustment. Note: this does not apply to aliens who have applied to adjust to permanent resident status and who maintain H-1B (Specialty Worker) or L-1 (Intracompany Transferee) status, or their dependents, who have applied to adjust to permanent resident status and who have valid H-1B or L status and valid visas, V nonimmigrants who have a valid V nonimmigrant visa, are in valid V nonimmigrant status and have or obtain a valid V nonimmigrant visa before applying for readmission to the US, and K-3/4 nonimmigrants who have applied to adjust to permanent resident status and who have a valid K-3/4 nonimmigrant visa, are in valid K-3/4 nonimmigrant status and have or obtain a valid K-3/4 nonimmigrant visa before applying for readmission to the US
Click to expand...

Yes i am aware of that. My reply was for prash_mate based on the information he provided.

Good Luck!
 
Gurus,

one more question.
I'am clear now as to Ican maintain my H1 status even after entering on AP.
But how do I get new I-94 if enter with AP ?
Do I need to show them new H1 approval for me and H4 for my wife to get I-94.
Or there is no provison of geting I-94 if entering thru AP ?

please let me know..


thanks
 
Scared to Travel on AP.H1 Finishing in Oct 2005.Please help

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
 
Travel on AP, H1 is valid upto Feb'06 but stamped VISA has expired in Feb'05

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.
 
princeknp said:
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.
Click to expand...

Doesnt that mean you are out of status if stamped visa on your passport expired Feb-05 ?
 
ari4u said:
Doesnt that mean you are out of status if stamped visa on your passport expired Feb-05 ?
Click to expand...
----------------- 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
 
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