have the following 2 questions on AP. Please advise guys. I would very much appreciate the help.
My wife is currently working on a approved H1 and is planning to go to India in the last week of April. We dont have my 140 approved yet. She will be getting her H1 stamped in India and using that to enter the US. We are planning to apply for AP this week just as a backup in case her H1 stamp gets rejected or something.
1. Has anyone had any expereience with H1 stamp getting rejected inspite of an approved H1 because one applied for 485(immigration intent) vs H1(non-immigrant visa) ?
2. My lawyer tells me that she needs to have the approved AP in hand before she leaves US if she plans on using that to enter the US or else my 485 MIGHT be considered abandoned? In the worst case that her H1 stamp gets rejected, I was planning on mailing her the approved AP to use(that is if we dont get it before she leaves). Again she only plans on using AP as a backup if my H1 stamp gets rejected? Can one do that?
Thanks much
My wife is currently working on a approved H1 and is planning to go to India in the last week of April. We dont have my 140 approved yet. She will be getting her H1 stamped in India and using that to enter the US. We are planning to apply for AP this week just as a backup in case her H1 stamp gets rejected or something.
1. Has anyone had any expereience with H1 stamp getting rejected inspite of an approved H1 because one applied for 485(immigration intent) vs H1(non-immigrant visa) ?
2. My lawyer tells me that she needs to have the approved AP in hand before she leaves US if she plans on using that to enter the US or else my 485 MIGHT be considered abandoned? In the worst case that her H1 stamp gets rejected, I was planning on mailing her the approved AP to use(that is if we dont get it before she leaves). Again she only plans on using AP as a backup if my H1 stamp gets rejected? Can one do that?
Thanks much