Question for all ye wise men

Y

yeppo

Registered Users (C)
If a person applies for AP but leaves the US before it gets approved (it reaches his mailbox when he is not in the country) and returns on a valid H1, can the AP so granted be used for subsequent trips if the person shifts from H1 to EAD once he comes back, OR is it considered invalid and he has to apply AP once again.

Rgds,

Yeppo
 
Travelling on H1B while AOS pending

I wish to travel out of the country on my H1B. I have an approved AP, but don't intend to use it unless I am forced to.
My I-485 might come up for approval when I am outside the country. Could the gurus kindly tell me what happens when I re-enter the county then. Can I still enter on my H1B?

Thanks
 
globus said:
I wish to travel out of the country on my H1B. I have an approved AP, but don't intend to use it unless I am forced to.
My I-485 might come up for approval when I am outside the country. Could the gurus kindly tell me what happens when I re-enter the county then. Can I still enter on my H1B?

Thanks
Click to expand...
Why are you confusing AP and H1B ??
Obviously, you can remain on H1 status even if you enter using AP.

Also if your 485 is approved do NOT enter on H1 - you should use AP (unless you are searching for some morbid adventure :D )
Safest is to present both H1 and AP at PoE ... the officer can check your 485 status and let you know that you don't need AP (it its still pending) and should enter you on H1.
If its approved, you'll get deferred inspection so that you can complete the 551 stamp after you enter the US.
 
Thanks

max2k1 said:
Why are you confusing AP and H1B ??
Obviously, you can remain on H1 status even if you enter using AP.

Also if your 485 is approved do NOT enter on H1 - you should use AP (unless you are searching for some morbid adventure :D )
Safest is to present both H1 and AP at PoE ... the officer can check your 485 status and let you know that you don't need AP (it its still pending) and should enter you on H1.
If its approved, you'll get deferred inspection so that you can complete the 551 stamp after you enter the US.
Click to expand...

Thanks MAX2K1 for the excellent reply. Wonder if the officer can do a check on the 485 status and make a call on using AP or not -- would be placing a lot on the officer's call! I am considering putting off my travel plans because of this.
 
Globus,

I have heard opinions to both effects. Some people say use the H1 and get in, and some say otherwise.
I was in a similar situation in Sep. I too did not want to take a chance. Guess what, it is November and nothing has happened and the only thing which did happen was that I could not get to see my folks and it is now running 2 years and I feel like an idiot now.

The best person to ask would be your lawyer. The hopefully know the law.

Rgds,

Yeppo
 
True

yeppo said:
Globus,

I have heard opinions to both effects. Some people say use the H1 and get in, and some say otherwise.
I was in a similar situation in Sep. I too did not want to take a chance. Guess what, it is November and nothing has happened and the only thing which did happen was that I could not get to see my folks and it is now running 2 years and I feel like an idiot now.

The best person to ask would be your lawyer. The hopefully know the law.

Rgds,

Yeppo
Click to expand...

Hi Yeppo,
Thanks a lot for your reply. What you say is very true. All this wariness will most probably lead to nothing! I will get in touch with my lawyer.
 
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