H1 stamping reject, Valid AP entry

H

hello123

Registered Users (C)
Hi guru.
I am planning to go my country.I have a advance payroll, which is valid till end of Dec but I wants to come back in mid jan. I have a valid H1 approval but not have stamp on my passport.
I will try to get visa stamp on my passort in my country cosulate. If my H1 stamping is rejected, is it possible to enter based on AP ( I will prepond my trip based on my AP valid date)
Please suggest.
 
why do you think so ?

H1 stamping can be rejected only if you have some illegal work record in the US / illegal edu credentials etc...not on any other basis.
So relax. You can always come back on AP. carry your 485 receipts. and a latest job letter/ pay stubs.
 
There is the posibility of rejection

When you fill in your visa application for H1B stamping, you would also be asked if there is any pending immigrant application. Under legal obligation you need to answer "yes" to this. This throws open the gate for "rejection", though one could argue that H1B enjoys dual intent. I would advice you to be cautious on this.

Hope this helps.

Thanks
Balamani

Disclaimer: I'm not a lawyer, pl. consult one.
 
Thanks for response

I never did any illegal stuff in USA. But what are chances to reject h1 stamping based on your i-485 porcessing.

Lets say somehow, it was reject, What will be Consequence to enter in USA on AP after H1 stamping was denied.
 
You are asking the probability that no one can answer, and you are already determined to go and merely asking for mass opinions, which those who don't agree with you will be ignored by you and those who agree with you will gain your self reassurance.

1. I don't think you can come back with an AP that passed the valid date.

2. There is always a chance you will get rejected for getting a H1 stamping since you already applied for Green Card.

3. The consequences of getting H1 stamping rejected and trying to come back with non-valid AP paper is: won't get you back to US soil and you abandon your adjustment of status, and since you get a chance not allowed to come back, I doubt you have a second chance to reapply AOS.

4. tt tt, sorry, but I have to disagree with you. US consulate actually does not need any reason to reject any appling visas.

I just don't get it why people spent so much energy trying to get a GC and at the same time willing to risk their own status to get rejected by this country.

Go figure!!
 
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REturn within your AP time limit

H1s can be rejected for no reason. Bad economy, not enough jobs, or just that the consulate officer was in a bad mood. Pick your choice.

So DONT rely on it. As hog put it dont risk your AOS by trying to present a non-valid AP. Plan to return before the AP expires.

Or, if at all possible, travel after you get your AP renewed for one more year.
 
You can go to the consulate right after you land in there. If they don't give you H1 stamp (for some reason), come back before expiry of AP.

If you have not done anything improper, there is no reason why they will not give you H1 stamp. Take all the papers with you (including pay stubs, a letter from the company addressed to the consulate requesting them to issue H1....). Contrary to general conception, consulate staff is not that bad. Go there with confidence, you will be OK.

Thumb rule: do not lie about anything on visa application (or on anything else for that matter). There have been no case so far where any consulate has rejected an H1 visa because you have your green card pending. Absolutely baseless fear.

I am not sure which country you are going to. But, if you going to India, all you have to do is visit www.ttsvisas.com, take an appointment, go to TTS office, drop all the papers and check and you will get H1 visa in a week.
 
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Thanks hog, gcwaiting007 and goodsaint for the reply. Dear Hog and gcwaiting007 , I never said I will try to come on expire AP.
What I was asking very simple " If H1 is denied and you have a valid AP, Can some one enter in USA after H1 stamping denied but Have a Valid AP"
The reason, why I am asking it and wants to H1 stamping becasue I wants to stay little bit longer in my home home country which AP does not allow me ( due to expiring date).


goodsaint , Yes I am from India. What I am planning to do, First I will try to stamp my H1 , if somehow it get rejected, then I will prepond my plan and come back early with Valid AP. Is that sound reasonable or there are some risk.

One more think, I get a RFE on my AOS and planning to reply after coming back so that I can use my H1 if it get stamp.

Thanks everyone
 
1. I personally don't think that there is any reason for H1 denial and usuage of AP.
2. If hells fall down and you can not get H1:
a. (denied without prejudice)If this happens, most likely it will due to some missing document. Usually they don't outright deny unless you fail to produce document when they ask you. If you go through tts service, unlikely that you will get into this because tts service verifies to make sure everything is in place. No issue with using AP.
b. (denied with prejudice) If H1 denied because fraud/misrepresentation/criminal activities/involvement in terrorist activities and so on. They may stop you from entering US regardless of what type of visa you have.

In fact consulates never ask whether or not you have AP let alone cancelling it. Moreover, (my understanding is that) since AP is issued by Justice department, State Department (consulate) cannot invalidate that document (even if they want to).
 
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There is a case of a guy whose H1 stamping application got rejected just because his AOS is pending (it was an assumed reason, actually the consulate did not give any reason). His stamping was rejected and he did not have an AP at hand at that time, but he applied for one, before his departure. He was waiting in his native place for 3 months. In between his AP got approved and that was sent to his foreign address by his friend here. Without having a stamping on his passport for his latest H1 visa he gambled to come back to US with an AP that was received after his departure. His gamble worked. He was allowed to enter into US. But note, that was a luck.

O.K the point here is, you can come back with a valid AP eventhough your stamping is rejected. If your stamping is approved, good, you can stay longer, otherwiise come back before the expiry of AP. Rejection of H1 stamping is not going to matter anywhere else. Try to get the visa stamping first before you do anything else in your country. If it fails, come back before the expiry of your AP.

Enjoy your vacation time.
 
By the way, who was the guy, when did that happen ? what did they write on the passport when they rejected H1 stamp ? any detail will be appreciated.

INS rules specifically say that AP has to be obtained before departure. You cannot apply for AP if you are out of the country. How did he manage to get around this?
 
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It will not be nice to reveale more details on that case. But it was true and may be, by oversight or they did not look deep into the dates of travel and approval etc. Somehow his AP was accepted and he was allowed to enter in. It is true that AP should have been approved before his date of departure, but in this case, there was a 3 month gap between his date of departure and the actual date of AP approval. Still he was able to come in. It seems nothing was written on the passport as reason for the rejection.
 
A related question -- please reply

I am leaving for India end of this month. My H1-visa stamp is valid only until Dec of this year. I'll be coming back Jan of 2003. I have a valid AP (expires mid-2003) which I intend to use for re-entry. I *don't* intend to apply for visa extension while I am in India.

My understanding is that I should not have any problems trying to re-enter the US with a valid AP *but* an expired H1-visa stamp in my passport. I simply show my AP when inquired about visa at the port of entry.

Is my understanding correct? If not, what's wrong with it? Should I have a valid H1-visa stamp in my passport as well when using AP?

The reason I pose this question is that I have never travelled with an expired visa stamp in my passport before. This will be my first time doing that. So I am not comfortable with the notion of travelling with expired visa. However, from what I know, AP is regarded as a substitute for visa. So, I shouldn't be worried. Correct?

Thanks in advance,
_this
 
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just keep plenty of copies of AP, don't give original to anyone but INS, keep copies of 485 receipt, couple of paystubs, a letter from company stating you are employed... would be good...
 
Thanks goodsaint!

I intend to take the following docs with me:

1. 2 original copies of AP + photocopies
2. Original receipt of 485 + photocopies
3. Last 3 paystubs
4. Employment verification letter
5. Current H1

These should suffice.

_this
 
Hi everyone,
I asked the same question from my lawyer. According to her, it will be okay to enter into USA , evern after H1 is denied/rejected.
As far as AP concern, I think someone should file before leaving US. Approval date does not matter.

according to INS site

If you do not apply for Advance Parole before you leave the country, you will abandon your application with the INS and you may not be permitted to return to the United States.

for more details please check
http://www.ins.gov/graphics/howdoi/travdoc.htm

Thanks everyone for reply and giving such valuable infomation.
special thanks to goodsaint
 
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