H1B and AP

[noname2020]

Hi. I am traveling to India for about a month.

I have an approved H1B visa till 2010 but not a new stamp in the passport. I also have an approved and valid EAD and AP.

I have a couple of questions:

1. Do I surrender all I-94s- even the one on the Approval notice for H1 B renewal which is valid till 2010?

2. Do I keep both the copies of AP with me or I have to surrender one before leaving the US?

3. If I use AP to re enter US, and not get a stamp for the new H1 B, does it imply that I am no longer on the H1 visa?


Any help will be appreciated. Thanks a lot.

 

[ginnu]

Hi. I am traveling to India for about a month.

I have an approved H1B visa till 2010 but not a new stamp in the passport. I also have an approved and valid EAD and AP.

I have a couple of questions:

1. Do I surrender all I-94s- even the one on the Approval notice for H1 B renewal which is valid till 2010?
-----------------surrender all I-94 staple them and give it(make the copy of ALL I-94 front and back and keep for your records.
2. Do I keep both the copies of AP with me or I have to surrender one before leaving the US?
---------------keep ALL AP with you
3. If I use AP to re enter US, and not get a stamp for the new H1 B, does it imply that I am no longer on the H1 visa?
----------------better get H1 visa stamp and enter on H1 status. you can also use AP and can be on H1 status if you are going to work with employer who have filed latest H1.

Any help will be appreciated. Thanks a lot.

------------------

 

[noname2020]

Ginnu,

Thank you for your reply. I greatly appreciate it. I have a follow-up question, though.

1. Will they keep one copy of Advance Parole when I enter US?

I will be continuing work for the same employer who had filed H1 renewal as well as GC. Do I still need the H1B stamp?

 

[ginnu]

Ginnu,

Thank you for your reply. I greatly appreciate it. I have a follow-up question, though.

1. Will they keep one copy of Advance Parole when I enter US?
---------------------------They will stamp the AP and return it to you
I will be continuing work for the same employer who had filed H1 renewal as well as GC. Do I still need the H1B stamp?

I will try to get H1 visa stamp if any problems then only use AP. H1 stamp has advantages.

 

[kiranmm13]

hello ginnu and others,
I am also in same case as the noname2020 i was planning to use AP to enter. My H1 just got renewed and there is an I-94 attached to it, I had no idea i will have to surrender my I-94 which is attached to 797 approval of H1B.

So basically when I leave the country I will have to give them two I-94? the one which I got when I entered last time on my passport and the one attached to the H1b approval notice.

after entering on AP if later I want to go for H1b stamping would I be asked for that I-94 which was on 797?

Thanks as always for your helpful answers.

 

[ginnu]

hello ginnu and others,
I am also in same case as the noname2020 i was planning to use AP to enter. My H1 just got renewed and there is an I-94 attached to it,
I had no idea i will have to surrender my I-94 which is attached to 797 approval of H1B.
------------------------surrender all your I-94
So basically when I leave the country I will have to give them two I-94?
--------------------------------------YES
the one which I got when I entered last time on my passport and the one attached to the H1b approval notice.
-------------------------correct
after entering on AP if later I want to go for H1b stamping would I be asked for that I-94 which was on 797?
-----no
Thanks as always for your helpful answers.

make the copy of H1 approval that has I-94 attached(front and back) and also make the copy of old I-94(front and back) keep the copies for your record.

 

[justdoit]

I have had H1B's from 3-4 companies so far and renewed numerous times from my current employer. I have never surrendered the I94 attached to the Original I797 notice. I still have all my H1B original notices as is untouched. I have always only surrendered the white I94 attached to the passport on entry.
Had no issues so far (140 is approved/ 485 is pending/ EAD renewal applied last month). Never had a problem with visa stamping in India; H1b transfer; H1b renewal in my last 10 yrs.

Do you think I will have issues in the future (485 approval) since I have never surrendered a single I94 attached to the Original H1B I797 notice?

 

[mmed]

I have had H1B's from 3-4 companies so far and renewed numerous times from my current employer. I have never surrendered the I94 attached to the Original I797 notice. I still have all my H1B original notices as is untouched. I have always only surrendered the white I94 attached to the passport on entry.
Had no issues so far (140 is approved/ 485 is pending/ EAD renewal applied last month). Never had a problem with visa stamping in India; H1b transfer; H1b renewal in my last 10 yrs.

Do you think I will have issues in the future (485 approval) since I have never surrendered a single I94 attached to the Original H1B I797 notice?

I think so and there is a link on the USCIS web page what to do, just make search regarding that or wait for others feedback to provide you with the link.

 

[TroubledGC]

No I don't think so,

I have heard from many people in the same situation which got their Greens and they never returned their I94 from H1B approval.

Beleive it or not, most people don't even know whats underneath the H1B is their new I94

So don't worry about it

Troubled

I have had H1B's from 3-4 companies so far and renewed numerous times from my current employer. I have never surrendered the I94 attached to the Original I797 notice. I still have all my H1B original notices as is untouched. I have always only surrendered the white I94 attached to the passport on entry.
Had no issues so far (140 is approved/ 485 is pending/ EAD renewal applied last month). Never had a problem with visa stamping in India; H1b transfer; H1b renewal in my last 10 yrs.

Do you think I will have issues in the future (485 approval) since I have never surrendered a single I94 attached to the Original H1B I797 notice?

 

[tammy2]

I have had H1B's from 3-4 companies so far and renewed numerous times from my current employer. I have never surrendered the I94 attached to the Original I797 notice. I still have all my H1B original notices as is untouched. I have always only surrendered the white I94 attached to the passport on entry.
Had no issues so far (140 is approved/ 485 is pending/ EAD renewal applied last month). Never had a problem with visa stamping in India; H1b transfer; H1b renewal in my last 10 yrs.

Do you think I will have issues in the future (485 approval) since I have never surrendered a single I94 attached to the Original H1B I797 notice?

All the I-94 numbers between one entry and one exit will be same. In theory even if you surrender one All should get updated.