Need Help (EAD & H1)

J

jagdish22

Registered Users (C)
Hi All,

My Brief history before the questions:

Because of some personal problem I may have to go to India in November 2002 or February 2003 (not yet decided)

My company extended my H1B last year on time, it was expired on November 2001. By the same time my company applied my I-485 (RD - 11/16/2001, ND - 12/11/2001). I received EAD in January and done my fingerprints 26th Feb 2002. I did not yet revalidated my visa on passport. I am working on client site.

Guyz, could you plzzzz help me regarding following doubts ----

1. Should I revalidate H1B visa before Nov. 2002 on passport ?

2. While coming back from India, should I enter on EAD/AP or H1? (Which will keep my I-485 valid if its not approved by then)

3. When should I apply for extension on EAD if its expiring on 6th January 2003?

4. Can I go out of country or should I wait for my approval?

Thank you all in advance,

J.
 
get visa revalidated

1. Find out how long it taking to get visa revalidated, if you can, that would be better, my stamping took 2 months but that was 1.5 years ago

2. Travelling on H-1B is preferrable as EAD may subject you to secondary inspection (not a bid deal but slight inconvenience). I have both but travel on H-1B. Validity of I-485 is not related to either.

3. This will eliminiate the need to extend EAD (assuming the revalidation gives you longer time), besides if there is a problem with I-485, you have H-1B as a fallback. My RD is 8/15 but my company has applied for H-1B extension.

4. You can go out of the country, I have done that twice since filing I-485.
 
Last edited by a moderator:
Originally posted by jagdish22
Hi All,

My Brief history before the questions:

Because of some personal problem I may have to go to India in November 2002 or February 2003 (not yet decided)

My company extended my H1B last year on time, it was expired on November 2001. By the same time my company applied my I-485 (RD - 11/16/2001, ND - 12/11/2001). I received EAD in January and done my fingerprints 26th Feb 2002. I did not yet revalidated my visa on passport. I am working on client site.

Guyz, could you plzzzz help me regarding following doubts ----

1. Should I revalidate H1B visa before Nov. 2002 on passport ?

2. While coming back from India, should I enter on EAD/AP or H1? (Which will keep my I-485 valid if its not approved by then)

3. When should I apply for extension on EAD if its expiring on 6th January 2003?

4. Can I go out of country or should I wait for my approval?

Thank you all in advance,

J.
Click to expand...

Hi jagdish22:

I have learnt from some of my mistakes that in matters relating to immigration you should never waste time nor try to save money.

1. Though in all probability your 485 will be approved before November 2002, if I were you I would go still go ahead and revalidate my H-1B multiple-entry visa with the State Department in St. Louis, MO.

2. While returning from India, it might be better to use your H-1B because once you use your AP it is taken from granted that you have given up the non-immigrant status and wish to be an immigrant by using your AP and thus your H-1 will be revoked. And you don't want that to happen just in case things go awry with your 485, though in all probability it won't.

3. As per INS you should apply for an extension at least 6 months in advance, but practically I would do that 3-4 months before the expiration date of the EAD.

4. You can certainly go out of the country provided you have your multiple-entry H-1B visa stamped in your passport. See 2. for why you should use your H-1 while entering the US.

Hope that answers your questions.

Best of Luck.
 
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