I-140 approved

J

junmyzoo

Registered Users (C)
Hi friends,

My I-140 was approved recently at the california service center. I had applied in the NIW category, self petition.

Apllied April 4, 2003
Recd. RFE June, 2003
Responded to RFE Sep. 23 2003
I140 approved Dec. 16, 2003

Thanks for all your help. I really was benefitted by this forum.

One more question - I understand that I can travel outside the country without AP if I am not using my EAD for work. My H1-B is valid for another 2 years. Am I correct?
 
Congratulations!

Yes you can travel outside on your H1 as long as you have not used your EAD. Just make sure to carry your 485 receipt!
 
140_takes_4ever and junmyzoo,

From my understanding, if junmyzoo is holding a valid H-1B visa in the next two years, no matter whether junmyzoo use EAD or not, he/she could come back by using the valid H-1B to reenter US after traveling overseas, under the situation that he/she will be working for the same company before and after traveling.
 
Originally posted by dingdingdo
140_takes_4ever and junmyzoo,

From my understanding, if junmyzoo is holding a valid H-1B visa in the next two years, no matter whether junmyzoo use EAD or not, he/she could come back by using the valid H-1B to reenter US after traveling overseas, under the situation that he/she will be working for the same company before and after traveling.
Click to expand...

not entirely true. Once EAD is used, H-1 get anulled and can not be used to re-enter only Advance Parole works
 
If one uses EAD, s/he can go out of the country & enter back on an H1B, provided the H1B is valid, there is a valid visa stamp & s/he is working for the same H1B employer.

titu



Originally posted by karns
not entirely true. Once EAD is used, H-1 get anulled and can not be used to re-enter only Advance Parole works
Click to expand...
 
Last edited by a moderator:
Once EAD has been used the employee loses his/her H1 status and has to use AP to travel. This is well documented on the INS website on AP usage.
 
If you are holding valid H-1B visa stamp, you could come any time even though you use your EAD with the same employer.
 
I have a question.
My visa stamp was with my previous employer and the h1 stamping on the passport is valid till October 2004.
I changed my employer in january 2003 and after that I haven't gone out of the country.

My question is do I have to get my visa stamping in India for the current employer if I travel outside the country?

or

can I use the h1 visa for my previous employer(which is valid till next year) and take my current H1 approved papers and show at the Point of entry when entering the country?

please advice
thanks
 
I have a question.
My visa stamp was with my previous employer and the h1 stamping on the passport is valid till October 2004.
I changed my employer in january 2003 and after that I haven't gone out of the country.

My question is do I have to get my visa stamping in India for the current employer if I travel outside the country?
-------NO new Visa stamp with new company name required, you can enter with valid Visa stamp AND show your H1 approval notice to POE officer you will get I-94 valid till your H1 approval notice, check the I-94 date before you leave POE
or

can I use the h1 visa for my previous employer(which is valid till next year) and take my current H1 approved papers and show at the Point of entry when entering the country?
------ YES (keep the new employer letter show at POE if asked)
please advice
 
Thanks Ginnu for your reply.
my new h1 is valid till end of next year with the I-94.
When I spoke with my lawyer, he is really confusing me.

hes saying Its better to get the h1 stamped in India for the new company.
why does we need a new h1 stamping since the old visa is valid for one more year....doesnt make sense to me to get stamped now.
I spoke to many and they advised not to get stamped since nowadays its really difficult to get the h1 stamped in India.
seen many friends who couldnt come back to US because of the delay or denail of H1 stamping due to some silly reasons.
sounds strange?
thanks Ginnu.
 
love2002

Your lawyer is incorrect; you can come with valid H1visa stamp and shoe newH1extension approval at POE
 
It is not that you cannot enter on an existing visa. A visa is nothing but an entry document. It is the approved H1 petition that gives you your status.

Your lawyer was just playing it safe probably to prevent questions! :) You don't need the new visa stamp if you don't want to bother about it.
 
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