Need advice on travel to India

L

ludhianvi

Registered Users (C)
Hello Friends:

My EB-1EA petition was approved back in April 2007 and am waiting for I-485 since May 2007 (details in signature). In my passport, I have H-1B visa stamp that is valid till August 2008, but it is from my previous employer (university). This August, I switched to industry job on an O-1 visa, but I do not have O-1 stamp in my passport. I also have approved H-1B visa from my current employer (used O-1 visa to start the job in August).

I also have EAD card and AP based on my pending I-485.

I need to travel to India for my dad's surgery, in December itself, but he can postpone the surgery for a couple of months. I was wondering:

1. Will travel at this time have any adverse effect on my pending 485 (just to remind, I am not using EAD for my job)?

2. Do I need to get a visa stamp from US Consulate for my return back, or can just come back on AP?

3. What, if anything, will the immigration authorities in India look at before they let me fly back?

4. Will there be any problem when I return back to US?

5. If I fly through London (at this time I dont have many options, my travel agent told me that my best best will be to fly on airlines that people dont want to fly), will I need to get a transit visa? MY travel agen said that since I have a valid US visa stamp in my passport, I do not need the transit visa. But I am worried that since I am not working with the employer who sponsored that H-1B visa, will that have any impact?

That is it for now. I will post more questions as they come to my mind.

Thanks, and please respond back ASAP.
 
I am in a similar boat as you in terms of 485 RD. Please see my response below.

ludhianvi said:
Hello Friends:

My EB-1EA petition was approved back in April 2007 and am waiting for I-485 since May 2007 (details in signature). In my passport, I have H-1B visa stamp that is valid till August 2008, but it is from my previous employer (university). This August, I switched to industry job on an O-1 visa, but I do not have O-1 stamp in my passport. I also have approved H-1B visa from my current employer (used O-1 visa to start the job in August).

I also have EAD card and AP based on my pending I-485.

I need to travel to India for my dad's surgery, in December itself, but he can postpone the surgery for a couple of months. I was wondering:

1. Will travel at this time have any adverse effect on my pending 485 (just to remind, I am not using EAD for my job)?

No.

2. Do I need to get a visa stamp from US Consulate for my return back, or can just come back on AP?

You can enter on AP. Just carry your EAD anyway. My attorney told me that even if you enter on AP, you can keep working on H1B.

3. What, if anything, will the immigration authorities in India look at before they let me fly back?

They will not look at anything there.

4. Will there be any problem when I return back to US?

No.

5. If I fly through London (at this time I dont have many options, my travel agent told me that my best best will be to fly on airlines that people dont want to fly), will I need to get a transit visa? MY travel agen said that since I have a valid US visa stamp in my passport, I do not need the transit visa. But I am worried that since I am not working with the employer who sponsored that H-1B visa, will that have any impact?

Not sure about this.

That is it for now. I will post more questions as they come to my mind.

Thanks, and please respond back ASAP.
Click to expand...
 
ludhianvi,

Currently which visa are you using, O1 or H1B? If it is O1 then you can get it stamped in India from a US consulate. However, if you are on H1B and your prior visa stamp is still valid for almost 8 months, the consulate may refuse to issue you a stamp. Generally they only entertain within 1-2 months prior to the expiration of current stamp. That case you have to use your older H1B stamp and new approval notice to reenter. But make sure that at the POE the officer gives you a I-94 which has the expiration date of your new H1b approval notice. Sometimes, these people do not know all this and may refuse to give you the date on I-94 beyond August. Then you must get it corrected later on. I have had both experiences. Last time with the same employer I could not get I-94 until the expiration date stated in the new approval notice when I reentered using the old valid visa stamp. I had to get it corrected later. My company's law firm took care of it. So please consult your lawyer who did the H1B for you.

Also, I would rather not use AP since it is not clear whether you lose H1B or not if you use AP. Some places it states that if you use AP then you are a parolee and not on H1B any more and you have to use EAD or apply for new H1B extension. So using H1B is the safest bet. But talk to your lawyer as these are just my personal opinion and experience.

You should also carry I-485 and AP with you nonetheless. If your I-485 is approved while you are in India, your H1B is cancelled immediately. So you can only reenter using AP.

Also, your travel agent is correct. You do not need a transit visa as long as you have a valid US visa stamp. Hope this helps.
 
Thanks for the responses guys. I have left a message for my attorney and will see what the have to say about this.
Skvadivel: Why would my 485 be invalidated with O-1 visa? Isn't O visa just like H-1B, and secondly m I-140 was self-petitioned. I am not sure if I understand why will it invalidate my 485 petition? Can you provide some more details or a link or something?

Thanks.
 
rama_9193 said:
Why don't you use your AP? it is better the visa stamping etc.

Rama
Click to expand...

Exactly! Use your AP to enter. I confirmed this with a big corporate immigration firm and they were clear that entering on AP does not invalidate your H-1B. You can continue to keep working on H-1B and when the time comes, you are even eligible for H-1B extension.

If that's the case, why get into the hassle of visa stampings?
 
Sorry for not getting back here sooner. I have been terribly busy at work. I have been told by my lawyer that if possible, I should avoid using AP and EAD to reenter as it might have adverse effect on 485 since I am on O-1 visa now.

Currently, I am using O-1 visa, and I don't think I can get a visa stamp in December as US consulate will be closed for holidays.
 
There are couple of things that you need to make sure.

1. what would happend to your O-1 if you use AP. [surely, you loose your O-1]

2. What happens to your I-485 if you stamp O-1 and enter into US.[ not very clear, I-485 form does talk about other visa, but it does not talk about O-1, j-1, A-1, please make sure)
 
Hi i have a question regarding EAD. i'm in J-1 and i got EAD and Travel with pending i-140/I-485. I'm planning to move to job in next monthe so i'll be using the EAD. So can i just send my wife to india with her Travel. can she enter into the US with her Travel? my J-1/J-2 visa is expired. am i risking too much??
thanks for your help
 
She will not be able to enter on J-1/J-2 because she is no longer a non-immigrant (even if you didn't file I-485 for her, being married to you is enough). If she tries to enter on J-1/J-2 she might get denied entry and an automatic 1-year bar kicks in. So yes, thats risking quite a lot.
 
You must log in or register to reply here.
Top