Need to Travel India immediately please help

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Registered Users (C)
This is my situation..

I am on my 7th year and have already filled my 485 in march 02.
My advance parole has already been expired and never applied again, but I have an H1B which is valid until Oct. 2003. Can I use my H1b for the trip to INDIA and come back again on H1B. I have also applied for EAD but still waiting on it. I am working for the same compnay. Please sugget what to do. I really need to go.


Thanks
Kamlesh
 
Yes you can

If you have a valid H1B and you've NEVER used an EAD or AP before, you can definitely use your H1b for re-entry.
 
Checkthisout

Vidongre is right. If you haven't used your AP during the last re-entry, you can use your H1B visa for the travel.

There are couple of posting in murthy's weekly mail which I thought are interesting regarding the 7th year H1-extention.

"
Question One : The INS/BCIS approved my H-1 status for an extra year (for a total of 7 years) is this status valid? What if I am now eligible for the 7th-year extension? Can I just use my approval for that time, rather than filing a new extension to request the 7th-year?

Answer : Do not rely on INS/BCIS mistakes as valid status. If the INS/BCIS extends H status beyond 6 years in error, then treat the status as if it ended at the proper time. At that point, request the extension, presuming that there is eligibility based on a labor certification filing made at least 365 days before the request for extension beyond 6 years. The proper time to make the "7th year" request is no earlier than 6 months before the end of the 6 years. Under current procedures, it is not possible to request the 7th year extension as part of an extension relating to the first 6 years. The 6 years must be used entirely before the 7th can be granted. A filing must be made to request this additional time. It cannot just be "accepted" if granted in error, particularly where the error was caused by incorrect information give to the NS/BCIS by the then sponsoring employer or the attorney.

---

Question Two : I have an LC filed with company A, I am working on an H-1 for company B. Company B will file an LC for me soon. If I need an extension beyond the 6-year limit of my H1, can I do it based on the company A LC pending for over 365 days?

Answer : Yes. The annual incremental extensions of the H status beyond the six year limit, commonly called the "7th year extension" is allowed as long as any LC is pending for at least 365 days. It is not necessary that the H and the LC be filed through the same employer. Of course, if one is not working for the LC company, there are issues regarding the ability to obtain a green card through that employer's LC or the financial ability of that employer to pay the prevailing wage salary as determined by the U.S. Department of Labor. These may be eliminated based on a new LC filing through the new employer.

"

Good luck
Bob
 
Bob,

Thanks bob & vidongre for replying back,

But I do have a one question as muthy had say in her chat that

"Do not rely on INS/BCIS mistakes as valid status. If the INS/BCIS extends H status beyond 6 years in error, then treat the status as if it ended at the proper time. At that point, request the extension, presuming that there is eligibility based on a labor certification filing made at least 365 days before the request for extension beyond 6 years. The proper time to make the "7th year" request is no earlier than 6 months before the end of the 6 years."


My 6th year was ended on Feb 2003 but I have valid visa until October 2003 and these visa was granted me two & half year back. So as per murthy these might be the mistake. Please suggest on this.
 
Better check with a lawyer..

Normally INS/BCIS issues H1-B visa's to the maximum validity of 6 years unless you apply for extension. Since you are saying that your H1-B has been approved by two and half years ago upto Oct'2003, it may be a mistake of INS.
Consult a lawyer before leaving to India to avoid all the troubles later on
 
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