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mygcwaiter100

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I will be going to India next month and my AP is expired. If I renew my AP it could take more than 3-4 months.

I have a valid H1 B and have never used my EAD or AC21 (but have used my AP once to travel). What are my chances of getting stamped/revalidated in US consulate in India.

I am concerned that I have appliced for 485 and there is a question in the visa form that has anyone applied for immigration for you?

TIA
 
hello

I am assuming that your H1 petition is valid for a long time and that your PP Stamp has expired.

You can get it revalidated in the US but I am not sure if you will get your passport back in time. I read somewhere that it took 2 weeks for the Chennai consulate to return a person's PP after stamping. So I suggest you get all paperwork and apply early.

I am not sure how risky this might be. I suggest you get your AP renewed or get your PP stamped in the US to avoid any potential problems. Also contact your lawyer and ask if this is okay.
 
My H1 is valid till mid 2005 and my H1B visa expired more than a year ago. I then applied for AP and used it to travel.

My lawyer said i cannot send it to St. Louis since it has been more than 1 yr it has been expired.

If i file AP and wait I wont be able to go. The only option is H1B but just want peoples opinion if it is safe or not.
 
you got to get stamped in India!!

Location:
Posts: 70
<sorry this was meant to be in this post>

I was in the same situation couple of months back. My origianl AP expired, and my renewal did not come on time (got approved while I was on vacation). I had EAD's too.

The only option is to go to India and get PP stamped at the consulate or wait for the new AP approved and take it with you. You cannot travel now, and use the AP approved (after the travel date) as you have travelled much before the approval - so you will have problem at the port of entry.

Regarding getting PP stamped at the consulate, since you are renewing, the ONLY option you have is the drop box - period. You have to go to a TT Services center and use the drop box facility. You need to have all the documents - certs, letter, pay stubs, etc. I got my stamped passport in the mail right on dot on 8th day of submission. So it is not that complicated.

hope I have answered you.
 
Thanks Sri and PatienceGC,


that does answer the question. I am not going to be filing for AP.

Sri, Which consulate did you go to?
 
Stamping passport in India could be a cake walk or could be a nightmare, I know a couple of guys who had to be in India for 3 months since the consulate said they would do a back ground check and then issue visa in that case u cannot come back untill it is done, so it is not a good option to get the PP stamped in India.

-RM
 
Strong Suggestion..

DO NOT TRAVELL..

Reason, Even if you have not used your EAD, you stated that once you use Advance payroll. I have read some place, that if you use Advance payroll that mean you are no more on H1 and you have to use EAD. Not you might have not mentioned anywhere that u r not using EAD but its assumed.

Your H1 is no more valid. I know a friend who used his AP and later wanted to get his H1, they refilled it again it was not a transfer.

So you can't enter on H1 any more. you have to use AP.
 
Re: you got to get stamped in India!!

Originally posted by sri3440
Location:
Posts: 70
Regarding getting PP stamped at the consulate, since you are renewing, the ONLY option you have is the drop box - period. You have to go to a TT Services center and use the drop box facility.
Click to expand...

Cant he send it to the State Dept. here?
 
stamped at Chennai

I went to Chennai - well basically used the TT Services drop box in Chennai.

It is true that once you use your AP, you cannot be on H1. You need to let your HR dept know that you are using your EAD and let file I-9 form. If you want to go back to H1- they need to file a new H1 and you might have to travel outside the country - to your home country for stamping !! This is what pissed me off.

The whole thing is pretty tricky here. If the travel is not impending or not urgent, do not travel without your AP approved.
 
can send to St. Louis here...

Can send to the St. Louis here, but the PP is locked for good 2-3 months.
 
My 2c

Legally, you can travel using H1. As "sri3440" suggested you can get visa stamped in India. I don't know when "sri3440" got visa stamped but things are changing every day in consulates abroad. Like background checks, interview schedules etc. As "RM_CSC" wrote if you are luckey, getting visa stamp may be a "cake walk or could be a nightmare". Don't know how long you are planning to be in India but I think there is some risk that things may get prolonged and may take few months for you to get back into US.

As per following link if you belong to Chennai consulate area, you can use dropbox service and get it stamped in few days (if things go smoothly).
http://chennai.usconsulate.gov/wwwhnivdbox.html

Goodluck
PCee
 
Folks,

Thanks for all the reply

I contacted my laweyer too on this issue. He suggested that.

1) I cannot get the visa from St. Louis since it has been expired for for than a year.

2) Using AP doesnt mean that you are out of H1 status and using your EAD. AP and EAD are two different things for two different purposes.

3) Applying for AP is risky as there is no gurantee that it will come by November and leaving a pennding AP and travelling is not good.

3) If you have all your paper work intact then there should not be a problem ( I have been working with same employeer for last 4 years so there is no usage of EAD or anything).



Also I am going to be in india for 1.5 months so hopefully I should get it with that time.

Wish me luck I think i will take chances with Indian consulate.
 
gcwaiter,
Good luck to you.

Take ALL the documents that are related to your employment, H1B visa, GC processing and others you deem fit. Taking more documents and providing copy when you drop box will make things easier.

one of my friends was asked for 6 months paystub and 3 years W2 and tax return for renewing the H1 stamping at Chennai consulate. As PCee quoted, everyday rules are changing at consulates. So, be prepared with more documents so that your stamping will be easier.

Good luck and best wishes again. Post your experience later.
 
I went to India in July

I got my PP stamped in July. I heard that from August 1 onwards there is a random call for interviews. But the consulates are overloaded there because of F-1 visa (student). So not sure what the procedure is now. I might have had a cake-walk (though it was a long 8-10 days wait !!), but it is definitely tricky without AP and EAD.

Sri
 
sri3440

sri

i will be going to Delhi consulate. Since you have already been in the same situation i have couple of quesitons.

It says the if the visa has been expired for more than 365 days then you need an appointment (after 14th July). My visa is expired but does AP counts as a "kindof" visa which just got exprired recently.

Should i use the drop box facility or the appointment way?
 
mygcwaiter100

I'm in a similar position as you(only difference is I have applied for AP in May 2003 but have not received approval). I'll be travelling to India next month. I re-entered US last year using AP but continued to work on H1 approval notice. I have scheduled an appointment with US Embassy in Delhi(decided to personally show up rather than drop box)

Hope everything goes well
 
Using AP means you are entering USA as "status of permanent residence adjustement", not H1B. Thereafter, it means you are not on H1B any more now. So now you are not on H1B, but on AOS.

However, you can still try to go to consulate to have your new H1B visa stamped with your H1B approval notice. That way, you will be an H1b again after you successfully get in the USA. But it is unlikly to a success because you were already in AOS before you left the USA.

Check with more lawyers for this matter.
 
This is a common misconception. Using AP to enter US does not mean you have abandoned your H1B but using EAD abandons your H1B. if you use AP to reenter it is perfectly ok to use H1B for work.
When youn re-enter with AP Have your AOS reciept also.
This will not invalidate your H1B.
 
Last edited by a moderator:
prashanth,

Did you book the appointment through ttsvisas.com

I have not applied for AP and will be travelling to delhi in mid-Nov. Pls let me know what your expericnce is when you go for the interview. Hopefully it should be a cake walk.

I am only nervous coz of the everyday changes they are making in the consulate and the fact we have applied for immigration here in US.

Do you know someone who has been thru same situation recently?

Thanks and keep in touch.
 
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