H1B stamping while on I140/I485

A

anindyas

Registered Users (C)
Hi,

My Notice date for I140/I485 is May 2004, and I have approved AP and EAD till June 2005. Currently, I am working on H1B. The H1B stamp on my passport expired in May 2003 but I have an approved H1B extension till May 2006.

I wish to maintain my H1B visa status since I do not have an approved I-140 and 180 days have not passed since filing my I-485 petition (and therefore cannot use AC21 if reqd). Since I need to travel to India soon, can I get another H1B stamped on my passport from India till May 2006 although I have EAD/AP approved and my I140/I485 is in progress ?

Thanks
 
yes u can get a stamp, with proper documentation at the consulate in India.

FYI, u can also use Ap to eneter and still be able to maintain H1 status, simply by continuing with H1 employer
 
Hi,

Need some more insight regarding my H1B/AP/EAD...

Can I really enter US using AP even if the visa stamp on my passport is expired (more than 1.5 yrs back) but have a valid H1B extension till 2006 ? In that case, if the immigration officer asks in what status I shall continue working, will the approved H1B petition (not the visa stamp) be sufficient as a proof ? Or there could be problems ? Can this be done even if I-140 is not yet approved. fyi, my I140/I485 was filed concurrently with a Notice date of May 3, 2004 for both petitions, and I have an approved EAD/AP till June 2005.

If that is true, I assume that I do not need to notify my H1B employer of any changes to my non immigrant status (via I-9). If that is true, then if I lose my job with my current H1B employer before I140 is approved, I can hope to get a H1B transfer done with another H1B employer, and I won't be subject to H1B cap. Correct ? I am asking this because if I start working on EAD, then I think I would be subject to H1B cap (for a new H1B employer) if I lose my employment with my current employer before my I140 gets approved (as I won't be able to use my EAD as my I-140 is not yet approved).

Thanks
AS
 
Any inputs ?

Any ideas/inputs anyone ? It would be really be appreciated to have the view point of the group.

Thanks
AS
 
Waiting too long can you pls elaborate?

Are you sure that you can use AP to enter, and maintian H-1 status? That would be wonderful, so one can totally circumvent the tedious process of get an H-1 stamp? Understand the down side is that should there be any denials at the 140/485 stage, one has to get a stamp to reenter.
Thx
Mirage
 
485 approval while outside the country

I am planning to travel outside the country on a H1. My 140/485 are pending. What exactly is the procedure to re-enter if 485 gets approved while outside the country?

Thanks in advance
 
anindyas said:
Hi,

Need some more insight regarding my H1B/AP/EAD...

Can I really enter US using AP even if the visa stamp on my passport is expired (more than 1.5 yrs back) but have a valid H1B extension till 2006 ? In that case, if the immigration officer asks in what status I shall continue working, will the approved H1B petition (not the visa stamp) be sufficient as a proof ? Or there could be problems ? Can this be done even if I-140 is not yet approved. fyi, my I140/I485 was filed concurrently with a Notice date of May 3, 2004 for both petitions, and I have an approved EAD/AP till June 2005.

If that is true, I assume that I do not need to notify my H1B employer of any changes to my non immigrant status (via I-9). If that is true, then if I lose my job with my current H1B employer before I140 is approved, I can hope to get a H1B transfer done with another H1B employer, and I won't be subject to H1B cap. Correct ? I am asking this because if I start working on EAD, then I think I would be subject to H1B cap (for a new H1B employer) if I lose my employment with my current employer before my I140 gets approved (as I won't be able to use my EAD as my I-140 is not yet approved).

Thanks
AS
Click to expand...

did you get the answer to your question? I'm exactly in same boat, and not sure about this . did you confirm from your lawyer.. i'm goign to check and post it.. let me know what u find out.
thanks
 
Yes. My lawyer said that if you enter with AP, you can work on EAD only. So, I am going for H1B stamping... and if that does not happen, I can return on AP and continue working on EAD.

AS
 
You can not enter on AP when you leave USA on H1B. Essentailly you should show your AP documents to the airline and an official at the Airport and have them stamp on your copy. Only then you are allowed to come back on AP.
 
Hi, sweetguy and anindyas

(1) I have heard that when you come back with AP, you can still work with H1B.
(2) I have heard that AP can be mailed to the person who already be outside of USA. This person can still use the AP to enter USA.
 
Are you sure ......In order to come back on AP..you need go as AP also from US??

Hi sweetguy / All

Please share the source of your info. I am in the same boast. we have approvied AP. But current H1 is expired. I am plaaning to stamp it again in India (I ahve approved i-797 till july 2005). In worst cas if i didn't get H1 stamp in india due to whatsoever may be the reason. Do you mean i can not come back in UA using AP (I don't want to show the Airline while leaveing USA my AP, as I don't want to use it. Its only a backup plan)

Please share your experiences

thanks
 
I was in the same boat last summer

Hi, I was in the same boat last summer (08/2004). I visited my home country (not India) with approved H-1 extension (valid till 2006) and AP (valid till 08/2005). My previous H-1 visa stampt was already expired at that time (expired 01/2004). Since I didn't have enought time for visa stamping, I used AP. I (with my two sons) showed AP and he sent us a seperate room. Another office took APs and aksed how long I stayed in my country and why.
That's it. 15min later, he gave it to me with a new I-94 valid same as AP.
I also asked my attorney if using AP and EAD could invalidate H-1 status, and they said" no". But I think different layers have different opinion for that. Hoping it could be helpful.
 
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