H1/H4 renewal and AP pending

S

sr2610

Registered Users (C)
Friends,
Our H1/H4 visa expired on passport and we got H1/H4 renewal papers valid up to March 2009 with Company A.

We applied for 485/EAD/AP on 1/19 with Company B and waiting for AP approval.

Due to some personal reasons we need to go to India and I am planning trip some time in March 1st week. I am planning of getting H1/H4 stamped in Chennai and maintain H1 status, don't want to use EAD/AP for now.

Lawyer's suggestion is to wait for AP approval, because for any chance H1/H4 renewal gets an query, we will be stuck in India. I don't see any problems in H1/H4 renewal since I have all docs,pay stubs,w2's etc... but we cant say :( If I get the AP approval while I am in India, I can still get it over there and come back on AP.

Do you guys anticipate any issues with traveling in this situation? Does this travel going to affect any of my GC process?

Any advice would be greatly appreciated.

Thanks,
-SR
 
sr2610 said:
Friends,
Our H1/H4 visa expired on passport and we got H1/H4 renewal papers valid up to March 2009 with Company A.

We applied for 485/EAD/AP on 1/19 with Company B and waiting for AP approval.

Due to some personal reasons we need to go to India and I am planning trip some time in March 1st week. I am planning of getting H1/H4 stamped in Chennai and maintain H1 status, don't want to use EAD/AP for now.

Lawyer's suggestion is to wait for AP approval, because for any chance H1/H4 renewal gets an query, we will be stuck in India.
-----------lawyer is correct
I don't see any problems in H1/H4 renewal since I have all docs,pay stubs,w2's etc... but we cant say

:( If I get the AP approval while I am in India, I can still get it over there and come back on AP.
------------------if you need to use AP then AP need to be approved BEFORE you go out of US.

Do you guys anticipate any issues with traveling in this situation? Does this travel going to affect any of my GC process?

Any advice would be greatly appreciated.

Thanks,
-SR
Click to expand...
 
Thanks Ginnu!!

I dont have any plans to use AP and I will get H1/H4 renewed in India.

So bottom line is even though we use AP or not, we cannot leave the country until our AP is approved, right?

Based up on response from lawyer and research ontoher threads, looks like it's risky and it might screw up the entire GC process :(

Can we make travel arrangements If I see AP status as approved online or do we need to wait for papers?

I am eagerly waiting for AP approval, no status change at all but I got EAD with in 15 days which I am not going to use it in near future :(.
 
sr2610 said:
Thanks Ginnu!!

I dont have any plans to use AP and I will get H1/H4 renewed in India.

So bottom line is even though we use AP or not, we cannot leave the country until our AP is approved, right?
------------------- you can go out even if AP is not approved, risk is that if you get any problems for your H1 stamp then how you will enter? if you have valid AP approved in hand that was approved while you are in US then you can use that AP

Based up on response from lawyer and research ontoher threads, looks like it's risky and it might screw up the entire GC process :(

Can we make travel arrangements If I see AP status as approved online or do we need to wait for papers?
---------------- you need approved AP in hand if you go out and want to use AP. Don’t believe in online status it may be wrong
I am eagerly waiting for AP approval, no status change at all but I got EAD with in 15 days which I am not going to use it in near future :(.
Click to expand...
 
Just bumping the thread and have a question.

I spoke with some friends, doing search on some of forums and I found that we can go to local USCIS office and request for the approval of Advance Parole by claiming family emergency.

Did anybody explored that option? I dont think it matters whether your application is still at Service Center or transferred to local office, is that true?

PS: I really have a family emergency.
 
sr2610 said:
Just bumping the thread and have a question.

I spoke with some friends, doing search on some of forums and I found that we can go to local USCIS office and request for the approval of Advance Parole by claiming family emergency.
Did anybody explored that option? I dont think it matters whether your application is still at Service Center or transferred to local office, is that true?

PS: I really have a family emergency.
Click to expand...
--------------not easy to get AP from local USCIS office, do you have documents faxed to you for family emergency? They need proof for emergency.
 
Thanks Ginnu!!

As of now it's just phone calls, I can get it by fax If I need the proof. I am planning to take the infopass appointment for tomorrow or day after and see what immigration officer says. If not getting the approval immediately, I am expecting that they will atleast put a note on file to expedite the process.
 
sr2610 said:
Friends,
Our H1/H4 visa expired on passport and we got H1/H4 renewal papers valid up to March 2009 with Company A.

We applied for 485/EAD/AP on 1/19 with Company B and waiting for AP approval.

Due to some personal reasons we need to go to India and I am planning trip some time in March 1st week. I am planning of getting H1/H4 stamped in Chennai and maintain H1 status, don't want to use EAD/AP for now.

Lawyer's suggestion is to wait for AP approval, because for any chance H1/H4 renewal gets an query, we will be stuck in India. I don't see any problems in H1/H4 renewal since I have all docs,pay stubs,w2's etc... but we cant say :( If I get the AP approval while I am in India, I can still get it over there and come back on AP.

Do you guys anticipate any issues with traveling in this situation? Does this travel going to affect any of my GC process?

Any advice would be greatly appreciated.

Thanks,
-SR
Click to expand...

I read the I-131 (Advance parole) application form and it states that if a person belongs to the H-1 nonimmigrant category - has a valid H-1, and has a pending I-485, that person need not apply for AP. All that person needs is a valid H-1 stamp on return to enter the country. Will a person satisfying both conditions still need to apply for AP? Am I missing something in fine print here? I was also under the impression that you have to apply for AP to leave the country, but was surprised when I read the instructions for filing I-131.

Thanks.
 
I see LUD's 2/13,2/14 on both AP applications, but no status change. Hope it will be approved before I go for Infopass.
 
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