H1 vs AP

B

brt96

Registered Users (C)
Hello all,
Any body can describe advantage and disadvantage travel with using H1 and A/P?.

Regards,
Brt96
 
If you have valid H1-B stamping on your passport use that or use your AP it will not affect your H1-B status.

HTH
 
It will. Once you used AP, you are out of H1B and have to use EAD to work. AP and EAD are bundled together.

fiveice
 
FiveIce :
You are absolutely wrong. Using AP does not invalidate your H1-B status, but using EAD does. I have checked this with my attorney twice already and also I think it was answered on Murthy.Com

HTH
 
My application was filed at the end of august, and h1 going to expired at the end of January,
And plan to travel at end of December, do you think better extend h1 and then travel with h1 OR wait for AP and then travel with A/P. According to processing date I should get my A/P around end of November, and to get expedited H1 process I can get my H1 approval within 15 days. But it will cost additional 1k bucks.

Advice please.
 
Get the extension and wait for you AP and then travel. Afterall its just one of those unfortunate expenses. ( $1K ).

HTH
 
The reason for waiting to get your AP is you can travel at peace. ( But you will have to buy a transit visa ) if need be you have to travel again sometime next year unless you get a valid H1 stamping you cannot and you will hve to get a new AP if your AP is approved when you are out of the country.

And also can travel in Feb when it is cheaper to travel than in December. If you have a valid H1-B visa stamped then go ahead and travel using it also you don't have to get transit visa since you have a valid visa.

HTH
 
Transit Visa?. First time hear about it. Where to get that?. at local emmbassy or INS?. How much it cost?
 
hathwar,
I don't think your H1-b is voided just because you used EAD. you can switch EAD <-> H1-b till H1-b's validity date. That's why folks renew H1 even you are using EAD. It's all the matter of "keeping your self in legal status" in case of EAD cancellations.

The problem here is if EAD has been cancelled because of underlying I-140/485 denials, then you have to switch back to H1-B sponsor. that's the only the option.

You can check thereads...
http://boards.immigrationportal.com/showthread.php?t=143132
 
lohith said:
hathwar,
I don't think your H1-b is voided just because you used EAD. you can switch EAD <-> H1-b till H1-b's validity date. That's why folks renew H1 even you are using EAD. It's all the matter of "keeping your self in legal status" in case of EAD cancellations.

The problem here is if EAD has been cancelled because of underlying I-140/485 denials, then you have to switch back to H1-B sponsor. that's the only the option.

You can check thereads...
http://boards.immigrationportal.com/showthread.php?t=143132
Click to expand...

Lohith,

I noticed you applied for second 140. Could you please tell me, was that based on the same approved labor with the current employer or a new labor and from a new company?

Appreciate your reply..

Thanks,
abt
 
Refiled I-140 with same old labor with same company with better looking Y03 company financials.
 
brt96 said:
My application was filed at the end of august, and h1 going to expired at the end of January,
And plan to travel at end of December, do you think better extend h1 and then travel with h1 OR wait for AP and then travel with A/P. According to processing date I should get my A/P around end of November, and to get expedited H1 process I can get my H1 approval within 15 days. But it will cost additional 1k bucks.

Advice please.
Click to expand...
brt96 - I heard from my lawyer today that they started to process APs in local offices and that it will take 2-3 weeks only. Check with yor local office! I am also LIN.
 
I131- District Office-Seattle (April 19, 2004) worse then NSC (June 24, 2004). Seattle always slow in anything, slow in labor certificate, slow in I131, anything, slow, very slow. Even traffics are slow. :mad:
 
Can we Switch from AP to H1

hathwar,

I am almost like "brt96". My 6th yr H1 is expiring in October and I already have my 7th Yr extension and I am waiting for my AP. I am planning to travel around the end of this year. I am confused whether to use the AP or get 7th Yr visa stamping on return. I don't want to go through the visa stamping hastle again.

* Can I use AP (hoping I get it before i make the trip) instead of H1 ?

* If I use AP on this year's trip and for next trip (next year or following year) for some reason, if i could not get my next AP renewed on time, Can I get my 7th Yr (8th Yr!?) visa stamped during that trip and re-enter with that H1 stamping :confused:

Are there any rule which says if you use AP once, then you have to use AP for all your future trips and you cannot use H1 after that to re-enter (or even get H1 stamping)?

Hope I did not confuse my confusion :D

Thanks
 
Hi All. I need some helo from you guys.. My and my wifes I-485 and I-140 are pending from October 20, 2003. I have EAD and Advance parole which expire on Nov 24, 2004. Our H1 and H4 visas expired on September 17, 2004 and we have already applied for extensions. I have also applied for EAD and Advance parole for both of us. My wife is planning to visit home country in November for three months.
My question is:
1. Hoping that her I539 gets approved in three months, can she get the H4 stamped in the home country without my stamped visa. And/Or would she need advance parole.
2. Would there be any issue if she is not in US of three months, and would there be any problem if her 485 gets approved while she is in home country.
Thank you for your advice.
 
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