H1-b Extension With Ead Already Approved

Urgent Requirement. Please Help

Hi,

I have my I140 pending at NSC and EAD approved. I did not apply for AP. I have never switched to EAD and contined H1 status for me and H4 for family. I have H1 valid upto June 2005 and has got Visa stamping from Dept of State in Washington last month. I have to plan an urgent Trip to India next week. Since I have valid H1 Visa and stamping on PP, will it be ok to travel with H1 when 140 is pending and EAD is approved (whicjh I have never used). Please provide info and help. Thanks
 
RE:Urgent Requirement. Please Help

sunks,

You are absolutely fine with your H1 and H4. No one will object at the port of entry as you have valid H1 stamped, and H4 stamped in your passports valid till June 2005.
While return, you should do the same thing, fill I-94 with your H1/H4 approval petitions and you will be okay.
 
Re: RE:Urgent Requirement. Please Help

Originally posted by jaiganesh
sunks,

You are absolutely fine with your H1 and H4. No one will object at the port of entry as you have valid H1 stamped, and H4 stamped in your passports valid till June 2005.
While return, you should do the same thing, fill I-94 with your H1/H4 approval petitions and you will be okay.

Thanks for reply Jaiganesh. Another small clarification. Do we need that Port of Landing Visa or some such document, which people talk while travelling on AP. I think, it is not required if you have valid H1 stamped on PP. Any comments. Thanks.
 
re : please help !!

>I would appreciate if someone can help me understand this. >Thanks.

>Here is my situation. Currently 140 is approved (ND: July 24 '03 >AD Dec 16 '03)and 485 is pending for me and my wife. We both >got EAD's and AP's. We both got H1 and H4 status valid till >March' 04 (5th year). I am planning to apply for H1 and H4 >extensions to be on the safe side.

>My questions are:
>-I am still working on H1 and continue to be on H1 . My wife .
>started working on EAD from this month. Is that a problem in >
>revalidating our visas for H1 and H4?
>>>> Your wife can't switch back to H4, as she started using the EAD.

>-I read in the previous posts that they are asking for a copy of >EAD and SSN for H4 dependents if they start working on EAD.
>-Are those the only additional docs they are asking apart from >the usual one's?
>>>>Yes, I don't think no other documents are needed to produce.

>-Will they reject revalidation of H4 visa since my wife started >working on EAD already?
>>>> Yes, most probably. The attorney may not even file for her H4 if he comes to know about this.

>-Can I continue to be on H1 and she work on EAD and be on >AOS?
>>>> Yes, you can continue to be on H1.

>-If we go to india on vacation, can we come back safely with H1 >and H4 visas if they are revalidated here?
>>>> You can come back on your H1 and your wife should use her Advance Parole.

>-In that case, can my wife start working on EAD again after >coming back on H4 visa?
>>>> Once started to be on EAD, can not come back on H4. It is one-way only.

>What else do i need to be concerned of? Any other issues ? >Suggestion? Please help. Thanks a lot
>>>> Better take an advice from a qualified attorney. I furnished the issues that I know off.
 
Re: Re: RE:Urgent Requirement. Please Help

Sunk, You need only your Passport with valid visa stamp and your H1B petition with approved visa.
If possible try to get a letter from your employer that you will be going for a vacation with all dates..., and get your current pay-slips, w2..etc.
It's not a bad idea to carry more documents...?


Originally posted by sunks
Thanks for reply Jaiganesh. Another small clarification. Do we need that Port of Landing Visa or some such document, which people talk while travelling on AP. I think, it is not required if you have valid H1 stamped on PP. Any comments. Thanks.
 
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