Please advice - Visa or AP?

V

vasan

Registered Users (C)
Hi All,
I have a few questions regarding my travel:

1. My existing H1 visa stamped in the passport is valid till Nov 26th 2005. If I were to travel to India in October 2005 and be back by Nov 5th 2005, can I still enter into US with my old visa stamp in the passport and showing the latest I-797 approval notice (which is valid till Feb 2008) at the Port of Entry?

2. I have an EAD but don't have an AP. Can I go to local USCIS office and get AP? If so what is the procedure?

3. Please advice which is better - visa or AP?

Thanks in advance.
 
You need a valid visa to re-enter even if it is an old one ( i.e. you have 797 from current employer )..not other way round

You can try local INS for AP but the possibility is minimal. In normal course, AP must be filed using the same procedure you use to file EAD
 
Gymboree,

Did you get 3 years h1 extension? I heard people are getting 3 year h1 extension when the 140 is approved and I-485 is pending.

Thanks
GC-at-80yrs-old
 
Gymboree said:
Hi All,
I have a few questions regarding my travel:

1. My existing H1 visa stamped in the passport is valid till Nov 26th 2005. If I were to travel to India in October 2005 and be back by Nov 5th 2005, can I still enter into US with my old visa stamp in the passport and showing the latest I-797 approval notice (which is valid till Feb 2008) at the Port of Entry?

ANSWER: You should not be having any problem while entering because you have a valid visa as of that date (Nov 5th), but your I-94 will be stamped with a date 'Nov 26th', not Feb 2008 as you expected. Because, just having a visa extension approval notice doesn't mean that you have your visa, it should be stamped. You may continue to stay here using your EAD beyond Nov 26th.


2. I have an EAD but don't have an AP. Can I go to local USCIS office and get AP? If so what is the procedure?

ANSWER: I don't have a definite answer to this. And I don't think you can go to a local office and get one AP. But remember one thing, if you have started using EAD, you cannot go back to H1 status again.

3. Please advice which is better - visa or AP?

ANSWER: Its always better to be on Visa rather than being on AP.

Thanks in advance.
Click to expand...
 
Dont come back without getting a valid visa stamp .My personal experience was that the ofiicer took me aside and questioned me, asked me a lot of questions .i.e why didnt you get a valid visa stamp since you went back .even though my visa was valid for 1 more extra month and this was back when you could get stamping done in US also.
Good thing i was carrying a lot of papper work ..pay stubbs etc
but i remember his first reaction was i cant let you in with only 1 month valid visa.this was back in 2003

please do verify
 
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