H4 to H1 in Oct '07, Awaiting EAD and travelling to India

K

kaycey

New Member
Hi,

Until Sep 30 I was on H4 (Visa Stamping valid until Jun 2009). Since Oct 1st I started working on H1 (No Stamping). Within few weeks I'm getting my EAD and AP. Planning to travel to India mid of Nov (next month).

Question is,
1. Should I be using AP or H4 visa or H1 visa (I must get new stamping done in India, I don't prefer doing it :( )?

2. Can I still work on H1 visa if I use my AP to come back?

3. What happens if I use my H4 visa to come back?

4. Which of the above is the safest way to use at port of entry.

Thanks for your time.
Kaycey
 
kaycey said:
1. Should I be using AP or H4 visa or H1 visa (I must get new stamping done in India, I don't prefer doing it :( )?
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Once you got onto H1B, your H4 is no longer valid. so h4 isnt an option. And if you dont have to go through the hassle of getting an H1b stamped, you may use AP to re-enter. Ensure that you have an AP before your departure from the US.
2. Can I still work on H1 visa if I use my AP to come back?
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yes, if you continue working for the H1B petitioning employer, your H1b status is maintained. You may later get it transferred to a new employer if you change jobs.

3. What happens if I use my H4 visa to come back?
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Not an option, your H4 has already been invalidated.

4. Which of the above is the safest way to use at port of entry.
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AP is fine, there should be an issue but you'd have to bear with the hassle of renewing it every year (unless ofcouse you get your GC within the year) or unless you decide on getting H1B stamped on a subsequent visit.
 
lprkhoj,

Thank You so much for your reply. I have yet another question..

If I go for my H1B stamping in India and due to some reason it gets rejected (With H1 I would have generated only 2 pay stubs and my company isn't very big), can I still come back to US with AP?

Will my H1 become invalid?

Thanks Again.
Kaycey
 
If I go for my H1B stamping in India and due to some reason it gets rejected (With H1 I would have generated only 2 pay stubs and my company isn't very big), can I still come back to US with AP?
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# of paystubs would not be critical since you just stated working on H-1B. But as far as I know, H-1B and AP are independent and H-1B denial should not affect AP.

Will my H1 become invalid?
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if it gets denied at the consulate then yes! You'd then use AP to re-enter and EAD to resume work.
 
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