We have a valid AP till Feb 2004. We have applied for H1/H4 extension and also re-applied for the 2nd AP/EAD. I think we should be able to travel with the AP we have, as long as we come before Feb 2004. But I am not sure as we have pending applications of H1/H4/EAD/AP for me and my wife. Our H1/H4 expires around end november 2003 and we are planning to go around the middle of November. Any comments will be appreciated whether we can travel or not.
Travel confusion !!
- Thread starter udri
- Start date
We have a valid AP till Feb 2004. We have applied for H1/H4 extension and also re-applied for the 2nd AP/EAD. I think we should be able to travel with the AP we have, as long as we come before Feb 2004. But I am not sure as we have pending applications of H1/H4/EAD/AP for me and my wife. Our H1/H4 expires around end november 2003 and we are planning to go around the middle of November. Any comments will be appreciated whether we can travel or not.
Any pending application will not have any impact on your ability to use AP to seek re-entry into US as long as you do so before AP expires. Your H1/H4/EAD applications will continue to be processed BUT if you leave US before your new AP is approved then it (the 2nd AP application) will be considered abandoned. This is per the instructions in form I-131.
Any pending application will not have any impact on your ability to use AP to seek re-entry into US as long as you do so before AP expires. Your H1/H4/EAD applications will continue to be processed BUT if you leave US before your new AP is approved then it (the 2nd AP application) will be considered abandoned. This is per the instructions in form I-131.
1. Pending AP application may not cause any problem if both of you are not planning to use AP for this journey.
2. Other question about the H1 is little tricky because you will have new I-94 when come back out side. But your H1 transfer approval letter will have I-94, which based upon your previous journey. So the I-94 may not be valid one. That is the reason some attorney ask not to travel when extension is pending
You need to use old AP as new one was approved after you left this country.
2. Other question about the H1 is little tricky because you will have new I-94 when come back out side. But your H1 transfer approval letter will have I-94, which based upon your previous journey. So the I-94 may not be valid one. That is the reason some attorney ask not to travel when extension is pending
You need to use old AP as new one was approved after you left this country.
Our H1/H4 visa expires in Novmber 2003 and we are planning to come back in January 2004 and hence AP is the only way to come back. So, please advice do I need to do premium processing for our H1/H4 extension or do we remove the AP extension filing. Once we come back we reapply our AP again. Please respond as these is getting complicated.
??At present We are in USA. We can apply for H1/H4 premium processing but chances are we would be in India when it gets approved. I guess that should be fine as my company can send me the papers to India and then we can revalidate our H1/H4 visa, if it is really required. Please comment as I do not think we need to be in USA for the H1/H4 to process.
I do not understand why do we require H1/H4 visa if we have AP/EAD. We can just use our AP when we re-enter USA.
Last time when I went to India in January 2003, my 1st AP was under processing. After I returned back in Febuary my AP got approved. Now, how is it possible, if we leave USA then the AP application gets abandoned then how come we got the approval. Of course when I came back in Feburary I used my H1 visa. "nkm-oct23" and others please respond. I also know a couple of people who do travelling out of USA every 15-30 days and then have their 2nd AP being processed. One of them have already got the 2nd AP approved last month.
Please do let me know what all u experts know about these as I am sure a lot of people would have been in the same position in which we are now. We am in a real dilemma now and waiting for your responses.
I do not understand why do we require H1/H4 visa if we have AP/EAD. We can just use our AP when we re-enter USA.
Last time when I went to India in January 2003, my 1st AP was under processing. After I returned back in Febuary my AP got approved. Now, how is it possible, if we leave USA then the AP application gets abandoned then how come we got the approval. Of course when I came back in Feburary I used my H1 visa. "nkm-oct23" and others please respond. I also know a couple of people who do travelling out of USA every 15-30 days and then have their 2nd AP being processed. One of them have already got the 2nd AP approved last month.
Please do let me know what all u experts know about these as I am sure a lot of people would have been in the same position in which we are now. We am in a real dilemma now and waiting for your responses.
There is nothing wrong in Using AP. Since your Last AP expires in Feb 2003 and you are telling that you will not return before FEB, that what causing problem. If you come before expiry you are fine.
Regarding your new AP It should be approved before you go out of the country. If you go after approval you are fine.
Talk you attorney he may tell you some other route. Most of us are having very limited knowledge of Immigration process.
Regarding your new AP It should be approved before you go out of the country. If you go after approval you are fine.
Talk you attorney he may tell you some other route. Most of us are having very limited knowledge of Immigration process.
Ok...this is what happened to me..I recently went to India in June 2003 and returned in July 2003. Before leaving my attorney filed for my EAD and AP extensions. My EAD got approved after I returned and AP still is pending.
I believe as long as you have one VALID document to enter you are fine. You dont have to worry about H1/H4 and all that. You can still put them for renewal and leave if you want to. You need not stay in the country while these are under process. In 2001, I went to India for a month and just before I left, my attorney filed for my H1 extension. My first H1 ws valid til May 25th 2001 and I returned to USA on April 15th 2001. My second H1 was approved on April 27th 2001. So as I was saying, you can have thing under renewal here while you leave USA but all you need is a valid document to re-enter.
They key thing is you should enter before the valid re-entry permit expires.
I would still suggest to renew ur H1 as for some reason (later in the process) if your 485 gets denied, you still can have ur H1 valid for some years and work on that while you fight BCIS. Anyways, I dont know if this is what you are looking for. But on my previous trips outside US, I had H1,EAD,AP renewals under process and I still returned with my old H1 and APs.
Ask if you have any other questions.
Madhav
I believe as long as you have one VALID document to enter you are fine. You dont have to worry about H1/H4 and all that. You can still put them for renewal and leave if you want to. You need not stay in the country while these are under process. In 2001, I went to India for a month and just before I left, my attorney filed for my H1 extension. My first H1 ws valid til May 25th 2001 and I returned to USA on April 15th 2001. My second H1 was approved on April 27th 2001. So as I was saying, you can have thing under renewal here while you leave USA but all you need is a valid document to re-enter.
They key thing is you should enter before the valid re-entry permit expires.
I would still suggest to renew ur H1 as for some reason (later in the process) if your 485 gets denied, you still can have ur H1 valid for some years and work on that while you fight BCIS. Anyways, I dont know if this is what you are looking for. But on my previous trips outside US, I had H1,EAD,AP renewals under process and I still returned with my old H1 and APs.
Ask if you have any other questions.
Madhav
GCAspirant123
Registered Users (C)
Rule out the option of having h1/h4 stamped in India as much as possible
There are a lot of questions/denials for h1/h4 stamping in India even though you are here for five years before.
My friend was given a very tough time getting h1/h4 visa stamped at indian consulate
There are a lot of questions/denials for h1/h4 stamping in India even though you are here for five years before.
My friend was given a very tough time getting h1/h4 visa stamped at indian consulate
AP only with EAD
As far as I know you can only use AP for travel when working on EAD. I may be wrong. I was told that if you claim to be working on H1 then you need to produce valid H1 stamp for travel and not AP. If you use AP then the POE thinks you are working with EAD. Feel free to correct me....
As far as I know you can only use AP for travel when working on EAD. I may be wrong. I was told that if you claim to be working on H1 then you need to produce valid H1 stamp for travel and not AP. If you use AP then the POE thinks you are working with EAD. Feel free to correct me....