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Reentry on H1 or AP
- Thread starter choudhry
- Start date
Sorry for the Confusion!
Robi, thanks for the reply. I Didn't explain correctly in my post. When I mentioned the petition, it is H1 not I-485. Let me rephrase my question. Can one travel back into US by just having a valid H1 Petition but not the visa stamp beside having AP? I appreciate your clarification.
Kamal
Robi, thanks for the reply. I Didn't explain correctly in my post. When I mentioned the petition, it is H1 not I-485. Let me rephrase my question. Can one travel back into US by just having a valid H1 Petition but not the visa stamp beside having AP? I appreciate your clarification.
Kamal
c4naperville
Registered Users (C)
Travel on AP
The option for travelers are.
1. Travel on H1 with I-485 receipt. But you have to have a valid visa stamp on the passport. Work on H1 after entering into US.
2. Travel on AP with I-485 receipt. You don't have to stamp the H1 visa. But you have to work on EAD after entering US using AP. H1 is automatically invalidated if you enter the country using AP.
The option for travelers are.
1. Travel on H1 with I-485 receipt. But you have to have a valid visa stamp on the passport. Work on H1 after entering into US.
2. Travel on AP with I-485 receipt. You don't have to stamp the H1 visa. But you have to work on EAD after entering US using AP. H1 is automatically invalidated if you enter the country using AP.
Thanks!
C4NaperVille, Thanks lot for your useful info.. I have been looking exactly for such info and I got it now.. SOmeone posted in one ofthe posts, that one can come back just on valid H1 petition without valid stamp in the passport along with AP and the officer would let you remain on H1. Ofcourse, this doesn't sound right though.. That is why i posted my question to clarify. Thanks a lot once again.
Kamal
C4NaperVille, Thanks lot for your useful info.. I have been looking exactly for such info and I got it now.. SOmeone posted in one ofthe posts, that one can come back just on valid H1 petition without valid stamp in the passport along with AP and the officer would let you remain on H1. Ofcourse, this doesn't sound right though.. That is why i posted my question to clarify. Thanks a lot once again.
Kamal
Different opinion...
Once in a while I have to zap a response- this time for c4naperville. Your response is inaccurate. Usage of AP does not mean that H1 is invalidated!!!
One can go back to H1 even after usage of AP. Although I have discussed the reasons before in many an archive, I'll repeat it again here (for the benefit of naperville resident)
1. whether you use H1 or EAD, is proved by the I9 form filed with the employer which never gets to INS!!
2. After 485 , H and L visa holders need not get a AP. H or L visa is sufficient
3. Per June 2001 memo, one old (expired even) h stamp is enough to admit somebody into US - yep U need the latest H approval in hand.
4. Mastaan and gctry did it. One did revalidation of H visa after entering into US using AP. Other did the H1 and H4 stamping at chennai consulate after entering US using AP. See the archives.
Read murthy's "previous" chats...
On a different note, If U start using EAD (i.e. filed I-9) U better use AP for travel...
Once in a while I have to zap a response- this time for c4naperville. Your response is inaccurate. Usage of AP does not mean that H1 is invalidated!!!
One can go back to H1 even after usage of AP. Although I have discussed the reasons before in many an archive, I'll repeat it again here (for the benefit of naperville resident)
1. whether you use H1 or EAD, is proved by the I9 form filed with the employer which never gets to INS!!
2. After 485 , H and L visa holders need not get a AP. H or L visa is sufficient
3. Per June 2001 memo, one old (expired even) h stamp is enough to admit somebody into US - yep U need the latest H approval in hand.
4. Mastaan and gctry did it. One did revalidation of H visa after entering into US using AP. Other did the H1 and H4 stamping at chennai consulate after entering US using AP. See the archives.
Read murthy's "previous" chats...
On a different note, If U start using EAD (i.e. filed I-9) U better use AP for travel...
Jaxen, Can you please provide a link to June 2001 Memo as it fits exactly my situation. I am traveling in just 2 days. If you post it, I will print and carry with me and come back on H1 with old visa stamp and valid Petition without using my AP.
Thanks Once again Jaxen!
Kamal
Thanks Once again Jaxen!
Kamal