Travel on AP or H1?

sipak

Registered Users (C)
Great forum with great info!

My case: EB3-VSC RD: 01/29/02, AP and EAD approved with company A. H1-B visa stamp is expired.

Spouse on H4 has similar situation, but still has valid H4 visa.

Company A laid off most employes. Luckily got new offer with company B before lay off and joined B immediatly at the time of lay off on 05/13/02.

Tried getting H1 revalidated at state dept. but company B layer informed that state dept. is un-officially not approving visa revalidations for people from 28 high risk countries (I'm from Pakistan). Suggested that you should get visa re-stamped at your home country; and informed that even there now every one is having 20 days of wait period prior to visa issuance for background check.

First of all, do you agree with this?

I understand that my GC application is subject to AC21 regulations that are about to be published. And it may or may not go through.

But question I do have are, while I'm planning to go to my country in October:

1. In case my H1 visa stamp is denied at home country, can I come back to US using AP from company A?

2. If I come back on AP, can I continue my job on same H1 with company B?

3. Can my wife use old valid H4 visa to come back or should she be using AP too?

I would really appreciate if you please do reply these questions.
 
I really do not agree that the state
department is un-officially not
approving visa revalidations for
people from high risk countries.
Why don' you try first and see if it does or not.
I myself travelled for vacation with
an expired visa pn my passaport
unaware of the technology alert.
If I were you I would not take the
trip to Pakistan at all, because
most likely you will be stucked there
for months as I am for 2.5 months
and I am about to be laied off.
If you like what you have in USA,
do not travel to pakistan at this
moment. The processing time takes
way more than 20 days and it is
actually M?N?MUM 6-8 weeks.

About your first Q, as far as I know with your AP, approval notice you can not go back to US, because you
a valid visa and the valid visa requires
a background check that might
loss you your future in USA.



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