to use H1 or AP

I

itshuman

Registered Users (C)
Hi all,
I will be traveling to outside US in December. I have a valid AP ( 485 pending) and valid H1-B extension ( after 3 yrs I got it extended) . my current stamp in passport for H1-B is expired. I want to get it stamped in us consulate to remain on H1 status. because my passport has expired stamp oven an year, I should/need to appear for an interview (Please correct me if I’m wrong here).

I can come back either using AP or new H1-B stamp.

Question : if they delay the stamping of my H1, can I just use the AP.

Any precautions to take for H1 stamping. I plan to use TT services to make an appointment.

Please suggest.
Thanks
 
itshuman said:
Hi all,
I will be traveling to outside US in December. I have a valid AP ( 485 pending) and valid H1-B extension ( after 3 yrs I got it extended) . my current stamp in passport for H1-B is expired. I want to get it stamped in us consulate to remain on H1 status. because my passport has expired stamp oven an year, I should/need to appear for an interview (Please correct me if I’m wrong here).
--- you are correct
I can come back either using AP or new H1-B stamp.
--- if you get H1 stamp then why to use AP???
Question : if they delay the stamping of my H1, can I just use the AP.
---yes
Any precautions to take for H1 stamping. I plan to use TT services to make an appointment.

Please suggest.
Thanks
Click to expand...
 

Thanks ginnu,
another confusion i have, in case they reject my H1-B stamping ( ( just in case, i know they cannot as i have valid H1 extension) , i can still use my AP to come back.

In the case i use AP , will my H1 still remain valid.. i mean if i need to do a H1 transfer to another company after i come back. Is that ok to do ? ( i wish i'll get approval by that time for my 140/485 application, just tryign to cover all scenarios.)
 
itshuman said:
Thanks ginnu,
another confusion i have, in case they reject my H1-B stamping ( ( just in case, i know they cannot as i have valid H1 extension) , i can still use my AP to come back.

In the case i use AP , will my H1 still remain valid.. i mean if i need to do a H1 transfer to another company after i come back. Is that ok to do ? ( i wish i'll get approval by that time for my 140/485 application, just tryign to cover all scenarios.)
Click to expand...
Entering on AP doesn't invalidate your H1 status -- you are still in H status.

Please see the Cronin Memo for details
 
H1 or AP

Here I have a similar situation...
My H1B visa is expiring on Nov 2nd 2004. I have already applied for my 7th year extension in July 2004. Vermot is processing Aug 2004 so I hope to get it any time now. I'm travelling to India on Nov 11...Hoping that I get renewal before I leave !!! I'm returning back on Dec 6th. I already have my EAD & AP but was advised by lawyer to stay on H1 as long as I can. My 140 and 485 were applied June 2004. I-140 has not yet been approved.
Now my problem is
1. If I don't get my H1B approval before I go or for that matter before I come back can I use AP to return back?
2. Incase I get my approval before I leave with Mumbai counslate taking more than 3 weeks to give an appt. no sure if I can get my H1 stamped. I tried to take an appt. now itself but they won't give one unless I have an appoval in hand. If I'm not able to stamp my H1 can I still use AP to reenter.

If I use AP to enter do I have to use EAD or can still be on H1B even though its not stamped? What status will I be in if I use AP??

Thanks
 
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