Question for Paul Clarke

H

hambir

Registered Users (C)
Consider you the expert and have a question:
I came in to the US on F1 visa which expired May 2000. Thats the only visa stamp on my passport.
Ever since then I have been on h1 ( no breaks, no illegal stay) and have never traveled outside USA.
I appiled for 485 in dec 2002 and now have ead card and advance payrole.

Currenly my h1 is also valid.

If I now travel outside, will I only need advance payrole and ead card to reenter? Obviously, I will have the 485 notice , employmentn letter etc.
Want to make sure that the fact I never had h1 stamp on passport is a non issue.

Thanks in advace
 
Last edited by a moderator:
You Should Be OK

If you have never worked on your EAD then use your H1, otherwise use your AP.

PS. I GOT APPROVED TODAY!
 
Use AP

I was in the same situation, never had H1 stamp. I used AP this Jan. Even if you are on H1, your H1 status will not be disrupted by using AP. This is a relatively new rule for H1 holders, you have the choice of using H1 visa stamp or AP. If you have used EAD then you are no longer on H1 and you will have to use AP.
- NS
 
Congrats on your approval!
so if hambir has to enter the US on H1 he will have to get an H1 visa stamped in his passport, right? or could he enter using AP and no H1 stamp and yet continue working on H1?
 
As far as I know

If you want to enter the Country on H1, you will need a valid H1 Visa stamp on the passport. If you have valid I797, then you can get the stamp outside in consulate of the other country or you can even get the visa revelidated in US (but it takes minimum of 3 months or so).
 
Ok Just so I understand

Guys
Thanks
Paul- congrats. does this mean we dont have the benefit of your advise??

And, I do not have h1 stamp in passport. Althought I have not used EAD, I will have to either take h1 stamping done- or just use AP right?
Another issue, my H1 expired June 22 and I have filed for extention although dont know when it will come....

So, to cut a long story short, I will just use EAD and AP, and not worry about having no visa in passport correct?? and north star, did you use AP? did you have f1 old visa in passport?
Big thank you
Thanks
 
paulclarke1,
after giving hambir his message - in the second line are you trying to rub it in for all of us waiting here? :) Just kidding :) !
 
MR Cool

In answer to your question, of course I am. I am now considering becoming one of those 'reformed smoker' types. Damm immigrants, just slam the door behind me. :p
 
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