H1/AP issue

[mjain]

Hi,
I am travelling to India in November, returning on Nov 21. My H1B expires on Dec 15, 2005, less than a month before I return. I have just filed for my AP, haven't received the approval yet. I have a couple of questions:

1. Does anyone foresee a problem with me returning less than a month before my H1 expiration?

2. If I don't get my AP approval by that time, I can use my H1 Visa and original I-485 and AP receipt notices (to prove my intent to stay here). Would this be sufficient?

I am still working on H1 and my visa is valid till Dec 15.

Thanks!

 

[ginnu]

Hi,
I am travelling to India in November, returning on Nov 21. My H1B expires on Dec 15, 2005, less than a month before I return. I have just filed for my AP, haven't received the approval yet. I have a couple of questions:

1. Does anyone foresee a problem with me returning less than a month before my H1 expiration?
--no problem, you will get I-94 till H1 visa stamp expiry date
2. If I don't get my AP approval by that time, I can use my H1 Visa and original I-485 and AP receipt notices (to prove my intent to stay here). Would this be sufficient?
------------------- just show valid H1 visa stamp in passport, if you have valid Visa stamp why you need to use AP? one keeps the valid AP in hand so that if one cant get H1 stamp or delay in h1 stamping or wants to use AP( with AP filing reciept or I-485 filing reciept one cant be admitted to US)
I am still working on H1 and my visa is valid till Dec 15.
---------- enter on H1 status, show valid h1 visa stamp at POE
** if you want file H1 extension then file H1 extension BEFORE the new I-94 gets expired(you will get I-94 till Dec 15, USCIS must get your h1 extension papers before Dec 15)

Thanks!