please advise-AP/H!B question

mankap

Registered Users (C)
Friends,

My 485 RD is dec 2001 .My I-94 expired in march 2002.Currenltly I am on H1B but I haven't got my passport stamped .I plan to travel to India using my Advance Parole.(valid till feb 2003).I have EAD but have not used it.

Can I face any problems while rentering USA.

Please advise

mankap
 
Re..

What do you mean your I-94 is expired? You should have a I-94 with your H1 approval notice I-797. If you have valid AP and H1 stamp, dont worry.
 
If your I94 and H1 petition have expired you are automatically working on your EAD and would need to use your AP to get back in the country.

If you have a valid H1 and an expired visa stamp... you will need to get a new visa stamp at the consulate if you want to enter back using your H1.... (it is a waste of time and money... enter the country back using your AP)

-akc
 
You can also enter using expired H visa stamp and new I797 approval in hand. You will get a new I94. For these cases the new visa stamp is required only to satisfy the airlines, not INS.
 
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