Please advice..Is there a problem/issue in going to India on AP with I140 pending

A

atulh

Registered Users (C)
Hi Guru's,

Please advice, I want to go to India for my brother's marraige in April 2005. I have EAD and AP, my I140/I485 is pending. I do not have a H1B and this is my 8th year in US.

Will there be a problem if I visit India and if yes where will it be..???
 
Hi Atul
It is a problem if your 140 is denied or there is an RFE while you are in India. You might be stuck till your attorney files a MTR.
Find out from other folks here, if USCIS is processing cases with similar dates like yours. Will give you an idea if they will even be touching your file. good luck
 
sriram1975 is right. I awaiting for my I-140 approval for my india trip. For worst case if the I-140 denied or got an RFE it would be nightmare for Us.So wait until I-140 approved .
 
HasiruPatra said:
sriram1975 is right. I awaiting for my I-140 approval for my india trip. For worst case if the I-140 denied or got an RFE it would be nightmare for Us.So wait until I-140 approved .
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Thanks folks...Wish I could go for my brother's marraige.

Any advice, if atleast I can send my wife and son ..???
 
Same risk with your wife and kid too.
I looked at your details in the Excel tracker and you havd a ND of Oct'04. I dont think your case will be touched anytime in the next 3months. But you'll never know about USCIS. Always expect the unexpected from USCIS and I guess it is a calculated risk you have to be willing to take .
I have 140 pending, and was waiting for H1 7th yr approval before I go to India coz I didnt want to take any chances.


atulh said:
======

Thanks folks...Wish I could go for my brother's marraige.

Any advice, if atleast I can send my wife and son ..???
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Going on Business Trip

I have a 140 pending and need to go to Asia in March on a university business trip for 2 weeks. Is this a risk as well? I have no choice but to go for the trip.

I am a October 2004 filer.

But I have a valid H-1B till July 2005 but travelling with AP. Does this make it ok?
 
atulh said:
Hi Guru's,

Please advice, I want to go to India for my brother's marraige in April 2005. I have EAD and AP, my I140/I485 is pending. I do not have a H1B and this is my 8th year in US.

Will there be a problem if I visit India and if yes where will it be..???
Click to expand...

when did you file your 140? if your filing date is far away from processing date by May, it will be no risk for you to go by using AP to come back. my friend did this before and it's fine.
 
srikanthsiva said:
I have a 140 pending and need to go to Asia in March on a university business trip for 2 weeks. Is this a risk as well? I have no choice but to go for the trip.

I am a October 2004 filer.

But I have a valid H-1B till July 2005 but travelling with AP. Does this make it ok?
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no problem. you just need to use H-1B to come back. do not show them your AP.
 
but i thought your H-1B will be expired in july. so is it a visa status or a real visa? if it's just a status, you can use your AP to come into the country.
 
honeysusu said:
but i thought your H-1B will be expired in july. so is it a visa status or a real visa? if it's just a status, you can use your AP to come into the country.
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My H-1B is valid till July but my multiple entry stamp has expired(december 04). You said earlier not show my AP but I cannot do that because I do not have a re-entry visa. This forces me to use the AP.
 
srikanthsiva said:
My H-1B is valid till July but my multiple entry stamp has expired(december 04). You said earlier not show my AP but I cannot do that because I do not have a re-entry visa. This forces me to use the AP.
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you can enter using h1-B after stamping it outside.
 
rajinca said:
you can enter using h1-B after stamping it outside.
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I am afraid I cant. I am from Malaysia and it takes 20 business days for multiple entry visa stamping.

Besides, I will be going to various countries during our business trip. I plan on switching to EAD/AP before I leave.

Can i safely assume that u can enter US using a valid H-1 and AP?
 
srikanthsiva said:
I am afraid I cant. I am from Malaysia and it takes 20 business days for multiple entry visa stamping.

Besides, I will be going to various countries during our business trip. I plan on switching to EAD/AP before I leave.

Can i safely assume that u can enter US using a valid H-1 and AP?
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no if you donot have H1 stamp on passport..u can't use that to enter.

AP will'e only option if........
 
rajinca said:
no if you donot have H1 stamp on passport..u can't use that to enter.

AP will'e only option if........
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Rajinca, I think you are wrong. I am not 100% sur but I did post this question before and many replied saying that you can use H-1 and AP together.

I will check with my lawyer to be 100% sure
 
srikanthsiva said:
I am afraid I cant. I am from Malaysia and it takes 20 business days for multiple entry visa stamping.

Besides, I will be going to various countries during our business trip. I plan on switching to EAD/AP before I leave.

Can i safely assume that u can enter US using a valid H-1 and AP?
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Other option I can think of to stamp in Canada or Mexico depending on ur location. If you face any issue in stamping you can use AP to re-enter.
 
H1 Vs AP

Hi Guys,

I need advise/help on this.

I have a valid h1 visa till aug 2005, i filed my I-140 in aug 2004, I-485 in sept 2004. I need to go to india in june july. I applied for EAD for myself and spouse. My wife now works on that EAD card. I am still on H1. To go to india do i need AP (I-131) for her only or do I have to get it for myself and my 7 year old son.

Thanks
Dsufac
 
srikanthsiva said:
I have a 140 pending and need to go to Asia in March on a university business trip for 2 weeks. Is this a risk as well? I have no choice but to go for the trip.

I am a October 2004 filer.

But I have a valid H-1B till July 2005 but travelling with AP. Does this make it ok?------------ You can use your AP and still be on H1-B status, I have done it. At the POE show them the AP and tell them that you want to be paroled in as H1-B and not as AOS. I hope that you will be extending your H1-B in the future if needed and its OK to do so.
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dsufac said:
Hi Guys,

I need advise/help on this.

I have a valid h1 visa till aug 2005, i filed my I-140 in aug 2004, I-485 in sept 2004. I need to go to india in june july. I applied for EAD for myself and spouse. My wife now works on that EAD card. I am still on H1. To go to india do i need AP (I-131) for her only or do I have to get it for myself and my 7 year old son.
---------- Your wife needs the AP and she can only leave the country only with an approved AP in her hand. You cannot ask her to leave now and think of mailing the approved AP later for her return, if you do so then her I-485 will be considered as abandoned. I dont know if your son has the visa stamp or not if he dosent then you will need AP for him also and the same rules as wife applies to him. In your case as long as you have a valid stamp at the time of your return you will be fine to use the H1-B visa to get in.
Thanks
Dsufac
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