H1B Stamp after using AP - cross posted

S

Sydney

Registered Users (C)
Has anyone been successful in getting a H1B stamp after having used AP previously? I used my AP after my HB stamp expired in April of this year to travel to the UK. AP is based on concurrent filing of 140/485 - neither of which are approved. Am finally heading to Delhi - I have been maintaining my H1B status. Any input will be appreciated.


Thanks
 
So it is fair to assume that there is not ONE known instance of someone getting a H1B stamp after using AP (at least on these forums)? I have seen similar queries before and also the H1B forum and none of them have a single response. Lawyer seems to think its OK since H1B is a dual intent visa.
 
I would suggest that you carry a valid AP with you. Just in case, the consulate refuses to give you a visa, there will be an option for you to come in and use your EAD. Else you will be stuck in Delhi.

I was kind of in a similar quandry recently when I did not have my H1B visa stamp and also did not have a AP, and had 485 applied. I thought I will get my visa revalidated in Delhi, but a section on Delhi embassy's web-site talking about refusals threw me off - Section 221(g). I posted on this and some other boards and based on experience of many members decided to do visa revalidation in US only. Fortunately at that time visa revalidation was still valid and I had no issues.

H1B is a dual intent visa but visa officers are not very kind towards people who have applied for a immigrant visa but are also applying for a non-immigrant visa stamp. According to them you are a confused individual who does not know what you want and are wasting Uncle Sam's time and resources (after you paying their salary they still think you are doing that .. what an irony) It depends on who interviews you and it is always safe to have AP and EAD with you before you make the leap of faith.
 
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Dazzling, thanks for your response. If the Embassy person is willing to gaurantee approval of 140/485 I will be more than happy to skip the visa stamp. But as we all know that prior to approval of I-140 its risky to use the EAD - I may post pone trip or skip the visa part totally and continue to travel on AP and work on H1B as at least this combo works. I am assuming that if visa stamp is rejected then one cannot continue to work on H1B after entering on AP and has to use the EAD.

EB1A Sep 2002
 
Your lawyer is right - law states the same. As for experience on same is concerned - you may like to keep thread alive. Still better post it in AP section under 485 for experience.
 
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