Help ! question on using AP while stamped H1B expired and I-140/I-485 pending

R

RaoK_GC

Registered Users (C)
guys,

I am in trouble, need your advice

My H1B 6th year expired on Oct 24, 2003 and 7th year extension just got approved last week. My EAD and AP were approved in the first week of March 2004.

I've booked my tickets to India on 16th to return by end of April since I only got 2 weeks for vacation.

When I checked with my attorney on what I should be doing, he says - if I have to use AP, it should not be more than 179 days from the date I was out of status since my stamped H1B expired on Oct 24 2003. As per this, by April 20, 2004 it will be 179 days since I was out of status.

To get get H1B stamped, it is really taking long time (over 5 weeks) to get an appointment at Chennai. I think it is not possible to get H1B visa stamped before end of April.

Is it really true that I can't use AP in this case ?

Do I have to get my H1B stamped waiting as long as it takes.

Please advise,

Rao K.
 
am in trouble, need your advice

My H1B 6th year expired on Oct 24, 2003 and 7th year extension just got approved last week.
My EAD and AP were approved in the first week of March 2004.

I've booked my tickets to India on 16th to return by end of April since I only got 2 weeks for vacation.

When I checked with my attorney on what I should be doing, he says - if I have to use AP, it should not be more than 179 days from the date I was out of status since my stamped H1B expired on Oct 24 2003.
----- Your lawyer is wrong, you have 7th year H1 approved and you are NOT out of status if you filed 7th year H1 extension before Oct 24,2003. No limit on AP entry of 180 or 179 days one should be back before AP expiry date and one can stay out of US more than 180 days and must enter before AP expiry date. What kind of out of status your attorney is talking? Your I-485 is filed and pending your status is AOS pending
As per this, by April 20, 2004 it will be 179 days since I was out of status.
------- It seems I am missing something. Could you please explain how you were out of status and when?
To get H1B stamped, it is really taking long time (over 5 weeks) to get an appointment at Chennai. I think it is not possible to get H1B visa stamped before end of April.
----- Chennai, Bombay both are creating problems for H1 or H4 visa stamps
Is it really true that I can't use AP in this case ?
----- you can use AP if your I-485 is pending
Do I have to get my H1B stamped waiting as long as it takes.
----- you can try for H1B visa stamp if you wish and if any problem come back with AP
 
Thanks for the information ginnu !

My 7th year extension was filed in the first week of Oct 2003 before the expiry 24th Oct 2003.

I thought I am OK to travel and booked tickets to India, but I got shocked when attorney said this. I couldn't believe that and wanted to get advice from senior guys in the forum.

-- Rao K
 
Originally posted by RaoK_GC
Thanks for the information ginnu !

My 7th year extension was filed in the first week of Oct 2003 before the expiry 24th Oct 2003.
----- You are and were IN status
I thought I am OK to travel and booked tickets to India, but I got shocked when attorney said this.
---- never go to that attorney again or ask him the law/regulation that says you were out of status and how ?, just try to finger him and let him realise his mistake not to give wrong info in future
I couldn't believe that and wanted to get advice from senior guys in the forum.

-- Rao K
Click to expand...
 
You must log in or register to reply here.
Top