H1B and AP??

M

myPR

Registered Users (C)
I am holding H1B visa now, 485 pending, AP will expire in 2 months.
Here is the question:
The company would like me to visit their headquarter outside of US in the next 3-4 weeks.
What documents should I bring with me besides passport, AP, I-485 receipt?
After I re-enter US, am I still H1B? What would the custom officer stamp/write on the new I-94?

Thank you very much.
 
If you return to US before the expiration of your AP, you just have to show your AP. If your AP has expired before you return to US, you have to use your H1B and make sure you have a none expired H1B visa stamp on your passport to re-enter US.
 
myPR said:
I am holding H1B visa now, 485 pending, AP will expire in 2 months.
Here is the question:
The company would like me to visit their headquarter outside of US in the next 3-4 weeks.
What documents should I bring with me besides passport, AP, I-485 receipt?
After I re-enter US, am I still H1B? What would the custom officer stamp/write on the new I-94?

Thank you very much.
Click to expand...
You can re-enter using AP and your status would remain as H-1B as you would continue to work for the same employer.

It does not matter what the I-94 is stamped as -- it would be stamped as "Paroled till <xxx>" - which is usually 1 yr from when you entered.

Your H1 status is still bound by the expiry date mentioned in the latest H1 approval notice - you need to file for extension etc as usual (exactly the same as if you never traveled out).

BTW, if you have a valid H1 visa stamp, you can use that instead of using AP -- but its still your choice on what you want to use !!
 
In my case my wife may not have AP when she travels in Decemeber 2005. But she is already using EAD.
In that case can we get her new H4 visa stamped in India (as I'am stil on h1B), and enter USA using H4 stamp.
Would this casue any problem to continue work on EAD, doesnt' matter if her H4 status goes void after that.

But just wanted to know if this is possible, that one can get h4 stamped even though have used EAD in USA and use H4 just for travelling purpose. In that case would it jeopardise EAD status.

her passport currently ahs expired H4 visa, buit we have new approval notice and will use that to get new H4 visa stamp in India.

Please please let me know.
 
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