Travel abroad question

M

MountainDew

Registered Users (C)
Guys,

I have an H1B visa stamped in my passport and valid till Jan 31st, 2006. However, last year, I started working on my EAD and went abroad with my wife (she was born and raised here, so she is a citizen). When I got back to the US, I told the guys at the airport about my I-485 process and showed them my AP. They stamped the AP and my I-94 stating the I-485 process stuff and let me into the country.

Now, my AP is expired and I am going to apply for a new one. However, if I have to travel abroad on emergency.....can I re-enter the US on this H1B visa? This visa was not stamped as rejected and nothing was written across it. They only stamped my AP and my I-94. So, does anyone have any feedback for me on this issue?

Thanks in advance.

Davender :confused:
 
As I understand it, once you use AP, your H1-B is no longer valid. So, that would mean that you cannot use your H1-B to re-enter. Not sure why you used your AP to re-enter when you came in the last time, especially since AP takes so long to process now a days.
 
Man...I was only trying to do the right thing. Unfortunately, the BCIS and the times associated with the entire legal framework is not in the favor of right minded people. So, it's back to the old drawing board, as they say.
 
Actually, I just re-read your original message. Your H1-B actually was no longer valid, the moment you used your EAD to work, so it was the right thing to do using your AP for re-entry.
So, anyways, you still have to wait for your AP before leaving the country again. In case of Family/Medical Emergency, you could get an AP at the local INS office, if you have the receipt number of the AP that has been applied for. Many a time, I have read that they have declined, I guess it all depends on the person and the local office that you will be going to.
 
Yes, it is just unfortunate that people like us who are stuck in this time-consuming immigration process, have to go through nightmares every now and then. I read some posts here where certain people had their APs rejected even when they told them that someone very close to them had died back in India.

I just don't understand this. They ought to, justifiably, have extra clauses in their laws for emergency situations when it comes to AP approvals and expired EADs. I mean, there are so many people out there who wish to work but cannot due to time-consuming processes of EAD renewals with major family/ financial responsibilities.

I hate some of these laws and clauses. There ought to be special considerations on humanitarian grounds. I guess they do think of us as "aliens" be it illegal or legal. I hate this term "alien"! LOL....I mean which other country refers to human beings as aliens when it comes to their immigration status?!
 
Originally posted by rg585
Actually, I just re-read your original message. Your H1-B actually was no longer valid, the moment you used your EAD to work, so it was the right thing to do using your AP for re-entry.
Click to expand...

---> Hmmm, I think I read on murthy chat that if you are still working for your original employer on EAD, you can leave and reenter on H1B (if still valid) and get back on H1 status. The law is fuzzy on that, but I do distinctly remember that chat.
 
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