Need some advice urgently

G

GCforTRAVEL

Registered Users (C)
Hi,
I plan to travel to India on Jan 14 from US. I have a H1-B visa interview/stamping scheduled on Jan 18. All my H1-B paperwork is in order.

I also have AP & EAD (and corresponding receipt notices as well as I-140/I-485 notices).

3 questions:

(a) If my H1-B visa stamping is delayed due to 221g administrative processing or any other security/background check, will the consulate also keep my passport while doing the checks?

(b) If they return my passport and I decide to ignore the fact that they are doing checks, can I just return to the US and present the AP at port of entry?

(c) If I use the AP to enter, will it also activate the use of my EAD and invalidate my H1-B?


Thanks in advance and best wishes for the New Year!
 
one option to consider is not applying for visa stamp; re-enter using ap. EAD will be activated.
but after arriving back, file I-129 petition to get into H1b status again.
if one can't do this, can't see much use for AP & EAD.
GCforTRAVEL said:
Hi,
I plan to travel to India on Jan 14 from US. I have a H1-B visa interview/stamping scheduled on Jan 18. All my H1-B paperwork is in order.

I also have AP & EAD (and corresponding receipt notices as well as I-140/I-485 notices).

3 questions:

(a) If my H1-B visa stamping is delayed due to 221g administrative processing or any other security/background check, will the consulate also keep my passport while doing the checks?

(b) If they return my passport and I decide to ignore the fact that they are doing checks, can I just return to the US and present the AP at port of entry?

(c) If I use the AP to enter, will it also activate the use of my EAD and invalidate my H1-B?


Thanks in advance and best wishes for the New Year!
Click to expand...
 
tusharvk said:
one option to consider is not applying for visa stamp; re-enter using ap. EAD will be activated.
but after arriving back, file I-129 petition to get into H1b status again.
if one can't do this, can't see much use for AP & EAD.
Click to expand...
Wrong info. if you re-enter using AP that doesn't activate your EAD. only drawback is you will get new I-94 until AP expiry date.

Once you use EAD, you can't go back to H1-B by filing I-129. I-129 is to change from one NON-immigrant status to another NON-immigrant staus. EAD is not a non immigrant status. To get back to H1 from EAD, one has to go outside country and re-enter with valid H1-B.
 
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