Travel on AP while H1B not stamped on PP

B

Bkumars

Registered Users (C)
Hello Gurus/Everyone,

I am on H1B and I donot have H1B stamped on my Passport. I have filled my AOS, yesterday I got my AP(Traveling Document). My question is:

- Can I travel on AP and come back to US without H1B stamping?

Any help will be really appreciating

Thanks
 
Yes you can travel on AP.

Bkumars said:
Hello Gurus/Everyone,

I am on H1B and I donot have H1B stamped on my Passport. I have filled my AOS, yesterday I got my AP(Traveling Document). My question is:

- Can I travel on AP and come back to US without H1B stamping?

Any help will be really appreciating

Thanks
Click to expand...
 
Transit Visas Required on AP

Well yes u r fine travelling on AP but u shouldbe aware of this scenario....

If u r travelling to India or Pakistan through UK for instance, u need an airside transit visa if u r travelling on AP.

If u go through dubai for instance u dont need the transit visa

SO just make sure where u r going through and if u need n e transit visas
 
Hi BKumars:
Where did you file your I131 and how long did it take to get your travel document in hand? Is it your first travel document or renewal? I am curious to know as I have been waiting for my renewal documents!
 
lvraman said:
Hi BKumars:
Where did you file your I131 and how long did it take to get your travel document in hand? Is it your first travel document or renewal? I am curious to know as I have been waiting for my renewal documents!
Click to expand...

lvraman,
When did you apply for AP. I applied on June 11 for renewal and nothing yet.
NSC sucks :eek:
 
greynicolls said:
Well yes u r fine travelling on AP but u shouldbe aware of this scenario....

If u r travelling to India or Pakistan through UK for instance, u need an airside transit visa if u r travelling on AP.

If u go through dubai for instance u dont need the transit visa

SO just make sure where u r going through and if u need n e transit visas
Click to expand...

Thank you for your reply!

- I will travel to Canada and I just want to make sure that I don't need stamping from toronto on my Passport for H1-B Visa?

or

- If I use my AP will it effect my H1-B visa or can I keep that status?

Thanks
 
Hi BKumars:
Where did you file your I131 and how long did it take to get your travel document in hand? Is it your first travel document or renewal? I am curious to know as I have been waiting for my renewal documents!
 
Bkumars,

Once you get your AP approved and released from USCIS, you are supposed to be travelling only on AP - not on H1B. H1B does not matter after your I-140 is approved and apply for I-485. The reason being, if you are rejected at I-485, your H1B is useless. But some attorneys try to make money by advising to have H1B continued.

You are assured by Attoney General of USA that you can come back to USA freely (except for involving in any criminal activities). That is the definition of AP.

Take it easy and enjoy your trip. Good luck.

Sail1
 
Sail1
Please not to provide any false information, unless you are sure it's legitimate.

Bkumars
I have been travelling on H1, several times in a year. I do have AP in hand. Still using H1 at port of Entry. No issues. Because in anycase with GC got denied or approved, i wanted to make sure i have valid H1 to continue my status. After AP, i have been married and got stamped twice once in Canada and India (Including Dependent).

What i heard from my Lawyer was, If you start using AP u will loose your H1 status. I am not sure about this as some one says the other way. I believe in my lawyer and do straight things by not messing up my status. Which is good to consider for anyone else too.

It's upto you whether to continue H1 or not
 
harikrishna said:
Sail1
Please not to provide any false information, unless you are sure it's legitimate.

Bkumars
I have been travelling on H1, several times in a year. I do have AP in hand. Still using H1 at port of Entry. No issues. Because in anycase with GC got denied or approved, i wanted to make sure i have valid H1 to continue my status. After AP, i have been married and got stamped twice once in Canada and India (Including Dependent).

What i heard from my Lawyer was, If you start using AP u will loose your H1 status. I am not sure about this as some one says the other way. I believe in my lawyer and do straight things by not messing up my status. Which is good to consider for anyone else too.

It's upto you whether to continue H1 or not
Click to expand...

absolutely agree with all of what u said

u can have AP and still use H-1, even if ur 485 gets denied u can continue working on H-1 and even reapply 485 and this is why the safer option is to keep the H-1 valid

when i spoke to my lawyer about this issue last year, my recollection is this that she said once i use AP to travel H-1 is kaput and i will have to work on EAD. Again i cud be wrong as i am not a lwyer but this is what i honestly believe is true
 
Bkumars said:
Hello Gurus/Everyone,

I am on H1B and I donot have H1B stamped on my Passport. I have filled my AOS, yesterday I got my AP(Traveling Document). My question is:

- Can I travel on AP and come back to US without H1B stamping?

Any help will be really appreciating

Thanks
Click to expand...

YES, That's what's an Advance Parole is for. Otherwise you would use the visa stamped on your passport...
 
HELP! no stamp of h-1b, applying for h-1b , AP

I am on h-1b status but have no stamp in PP. My EAD and AP are approved
and 1-485 pending.

I want to take a chance by applying for h1-b to have a stamp in my passport to get my wife h-4. (note:h-4 is given to those applicants whose spouse do have h-1b stamp in passport)



QUESTION:


If I apply for h-1b and if it gets rejected, could I come back on EAD and AP?
Immigration officer at time of entry could raise questions on recently rejected h1-b?


Regards
Digital Paint
 
Hello Everyone,
GReat information! I have also be advised my my lawyer that I can travel on AP, My AP is valid till Dec03 but I come back to the US Nov 27, I hope that is OK. Ofcourse I have applied for renewal@NSC Aug 14 , the checks have been cashed, and the receipt#. So hope I will be OK.

I entered Us 61/2 years ago maintained legal status with many visa changes but nothing stamped on my passport. I have an approved I 140 and in Aug my project got completed and my lawyer said I can now be on AOS and thats what I am travelling.

My concern is what do I tell people while returning, at airport in India with nothing stamped on my passport and then here in the US.

Anyone who can make suggestion so I am prepared.
Thanks.
 
digitalpaint said:
I am on h-1b status but have no stamp in PP. My EAD and AP are approved
and 1-485 pending.

I want to take a chance by applying for h1-b to have a stamp in my passport to get my wife h-4. (note:h-4 is given to those applicants whose spouse do have h-1b stamp in passport)



QUESTION:


If I apply for h-1b and if it gets rejected, could I come back on EAD and AP?
Immigration officer at time of entry could raise questions on recently rejected h1-b?


Regards
Digital Paint
Click to expand...

I am confused - do you want a H-1B transfer? In general you can use AP to re-enter U.S.A. and still maintain H-1B status as long as you travel after AP approval.
 
sjsd said:
Hello Everyone,
GReat information! I have also be advised my my lawyer that I can travel on AP, My AP is valid till Dec03 but I come back to the US Nov 27, I hope that is OK. Ofcourse I have applied for renewal@NSC Aug 14 , the checks have been cashed, and the receipt#. So hope I will be OK.

I entered Us 61/2 years ago maintained legal status with many visa changes but nothing stamped on my passport. I have an approved I 140 and in Aug my project got completed and my lawyer said I can now be on AOS and thats what I am travelling.

My concern is what do I tell people while returning, at airport in India with nothing stamped on my passport and then here in the US.

Anyone who can make suggestion so I am prepared.
Thanks.
Click to expand...

Well, AP shoud take care of your situation. Please carry all the approval notices for extension of stay in the U.S. - just in case ...
 
Manwithnoname reply

Hello Manwithnoname,

I have h-1 from same company. I came to usa on f-1 then i got h-1b thats why never had h-1b visa stamp in my passport.

I want to get h-4 my wife to get her to usa. She can get h-4 only if i do have h-1b stamp in my passport.

I want to apply for h-1b stamp now because i do have AP and EAD as backup.


question is.

I apply for h-1b visa and get rejetced then I travel on AP and EAD. Immigrant officer at border would'nt bother me for recent rejected h-1b or he would'nt consider it at all because of my EAD and AP.

if you still confused let me know.
 
Okay, you can still get your H-4 stamping while travelling on AP. This won't violate your current H-1B status. Either an H-1B stamp or an approval notice will suffice. There are several postings in the forum on this matter.
 
Guys,

I see lot of people are saying many different things. Below is the summary of what I believe is true (though I am not a lawyer but I am 100% certain about it since at various points I had get my status clarified).

1) First of just using your AP document doesn't abandon your H1B status. Infact you can enter on AP and still maintain H1B status provided you continue to work for the same company that filed your H1B.
While if you use EAD then you do abandon your H1B status in which case you need to enter on AP.

[Note: If you have both AP/H1B visa stamped better enter using H1B especially for guys that have not completed 6 yrs on H1B. The benefit is that you avoid the secondary inspection which is another hassle at times]

2) If you have not completed 6 years on your H1B then it is almost without doubt that you should try to maintain your H1B status even if you have EAD/AP. The reason is that incase your application for green card is denied then you can use your H1B status to enter the country and also possibly file another GC application.

**BUT if you have already completed 6 yrs on H1B then if your GC application is denied then all underlying petitions based on this GC application are automatically denied. Basically you can't use AP or H1B to enter so in this situation it doesn't really help you to maintain H1B but there is a side benefit not to enter but to maintain work status in US.

Assuming your priority date is not current then you can get H1B extensions for 3 yrs while EAD is only for 1 year beyond your initial 6 yr H1B time period.

So in short generally speaking it is better to maintian your H1B but be aware it does make a big difference if you are still in your 6 yr H1 window or already completed that.

Now coming to the original question yes like it was said earlier the whole point of AP is that you use that to enter instead of H1B either because you do not have a visa stamp or used EAD or didn't extend your H1B status.

-ksb
 
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