Need immediate help

A

akil

Registered Users (C)
I am having my I797 H1B notice and my daughter's H4 valid until Aug 2009. I am still in H1B status. I got my EAD card
and AP. Both of our AP is valid until Nov 2008. Both of our visa stamping in our passports expired.
I am planning on going to India in the last week of May 2008. I will put my daughter in
school there and I will return to U.S. in four weeks. While I come back I am going to use my AP. I am not going to go to
U.S. Consulate for visa stamping in India.
(1) If I take any airlines going via gulf countries can I transit the flight in those gulf country airports with out valid U.S Visa stamping and their countries transit visa? What about Brusells? While coming back also I will not have any valid US Visa stamping. Will that be a problem? Can I send my Indian passport to those consulate from US to get transit visa stamping?

(2) If my daughter do not like going to school in India before Nov 2008, she can use her AP to enter U.S. She is only 11 years old. Should I need to be along with her while she come back or she can come with any other U.S.Citizen adult to U.S?
(2) If she feels like coming back between Nov 2008 and Aug 2009 - AP is invalid and no visa stamping in her passport.
H4 approval notice is valid.Can I apply for AP from US? If not should I need to go back to India and get both of our visa stamping
done and get back here? I already used my AP while entering US during my return in June 2008.Can I go back and use my H1B notice to stamp H1B Visa in U.S Consulate in India?
Any help is appreciated
Thanks
Akil
 
Answers below:
1. You have to check with the transit country about their visa policy (may call the corresponding consulate) for traveling on AP.
2. technically AP is granted to the individual. So my thought is yes, she need not be escorted by you - Can anyone add here?
3. You cannot apply for AP for the person who is out of the U.S. Moreover, your H-1B will be invalid after you travel on AP. So your daughter become ineligible for H-4. However, there are clauses to re-instate your H-1B.
 
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