I-140/485, H1, AP and travel

K

Katman

Registered Users (C)
Hi Folks,

I applied for my I-140/I-485 in October 2003 and have a receipt date for end October. I did not apply for either AP or EAD. I extended my H-1B in July to 2005 and am planning to go to India.

Question: Do I need to get an AP, or can I simply travel on my H1? Do I need to carry any of the I-140/485 documents?

Thanks
 
Applied for my I-140/I-485 in October 2003 and have a receipt date for end October. I did not apply for either AP or EAD. I extended my H-1B in July to 2005 and am planning to go to India.

------ If you have valid H1 till 2005 and if you also have H1Visa stamp in your passport till 2005 then you can enter with H1 Visa stamp before the Visa stamp expires
Question: Do I need to get an AP, or can I simply travel on my H1? Do I need to carry any of the I-140/485 documents?

------- If you have valid H1 Visa stamp in your passport till 2005, you can enter US with that visa stamp if you don’t have Visa stamp in passport and only Extension approval then you need to get H1 visa stamp and then enter on H1, nothing wrong in keeping I-140, I-485 filing receipts with you but nobody is going to ask for I-140 or I-485 filing receipt if you have H1b visa stamp in passport
 
On the same note another question

Planning to file I140/I485/AP/EAD concurrently. I also have H1 valid but not stamped on my Passport. If I get AP and go to home country and try to come back with AP, what happens to my H1 (I94) which is valid till 2006. Will AP(I94) take precedence or am I ok till 2006 eventhough the I94 (Via AP) is for a year. Iam kinda confused in this as I dont want to go to the US embassy abroad to get the H1 stamped on my passport due to unncessary risks involved.

Help!
 
Planning to file I140/I485/AP/EAD concurrently. I also have H1 valid but not stamped on my Passport.

----- if Visa stamp in passport has not expired more than 1 year you can get Visa revalidated in US and can get H1 Visa stamp
http://travel.state.gov/hlop.html

http://travel.state.gov/revals.html
If I get AP and go to home country and try to come back with AP, what happens to my H1 (I94) which is valid till 2006.
------- Once you depart the US you have to surrender that I-94 which is valid till 2006. if you use AP to renter then you will get new I-94 with “Parole” stamp on it
Will AP(I94) take precedence
------- Yes

or am I ok till 2006 eventhough the I94 (Via AP) is for a year. Iam kinda confused in this as I dont want to go to the US embassy abroad to get the H1 stamped on my passport due to unnecessary risks involved.
**** AP needs to be filed while you are IN US and AP should be approved while you are IN US before departure.
If I am in your situation I will try to get H1Visa revalidated in US ( takes about 3 months) or will try to get H1B visa stamp from Consulate and if any problem from Conulate for Visa stamp then I will use AP
 
Hi
I have just received DOL labor approval. My wife wants to travel abroad in 3 months and be back in 3 months time. I was planning on filing just 485/140 and delay ead/ap till her return. Lawyer also advised travelling on her h4visa with a 485 receipt in tow.
Does anyone have any idea if this is how its done. Also she would switch her visa to H4 from H1 and get a stamp to renter while in India, is that ok to do with a 485 receipt in hand.
Thanks
 
Can you please clarify? Does AP taking precedance means H1 is no longer valid?

I have simmilar situation. I have EAD and AP approved and a valid H1 with no stamping. So if I don't stamp my H1 and come back on my AP will I loose my H1 status.

Please clarify as I am planning to travel soon.
 
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