travel on AP

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sram1969

Registered Users (C)
I came to the US on H4. H4 stamp expired in Feb 2001. I got H4 converted to H1B in Oct 2000 and have been on valid H1B status since then but do not have a stamping on my PP as I have not left the country since I got my H1B.
I am afraid to go for a H4 to H1B stamping in Chennai now and so I am planning to go to India and return on AP (just got my AP last week).
Is returning on AP safe? My passport has a H4 visa that expired almost 2yrs ago (feb 2001). Will I have to show my H1B approvals to prove my valid status from Feb 2001 till I got my AP?

Please respond and suggest what's best for me.
 
I came to the US on H4.
H4 stamp expired in Feb 2001.
I got H4 converted to H1B in Oct 2000 and have been on valid H1B status since then but do not have a stamping on my PP as I have not left the country since I got my H1B.
I am afraid to go for a H4 to H1B stamping in Chennai now and so I am planning to go to India and return on AP (just got my AP last week).
---- if you don’t have any issues related to your W-2 or LCA wages were paid to you I don’t see any problem but Chennai is asking truck load of documents for Visa stamp. I will try to get H1b visa stamped only if my I-140 is still NOT approved and I-485 pending, If I-140 is approved I will use AP and will not go for H1 visa stamp and waist my time with Chennai.
Is returning on AP safe?
------ YES and if after using AP you are still working on H1 with the employer who sponsored your latest H1 you can be on H1 after using AP and can also extend H1
read:
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm

http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
My passport has a H4 visa that expired almost 2yrs ago (feb 2001). Will I have to show my H1B approvals to prove my valid status from Feb 2001 till I got my AP?----- they dont need it
---- just show the passport and AP at POE, keep your I-485 filing reciept with you(show them if asked) dont leave with our AP in your hand AP should be approved before you leave US and be back before AP expires
 
ginnu:

Thanks for addressing my question in another thread. You mentioned I need to surrender my I-94 when exiting, to my understanding, it means I automatically abandon my H-1B status. Can I just use AP to exit and enter US ? I want to keep working on my H-1B when returning. Do you have hand-on experience with this ? Thanks a lot,
 
Thanks Ginnu. Actually my I-140 is NOT yet approved. I've filed concurrently. Is it still safe to get back on AP?
 
Crystalview:
Thanks for addressing my question in another thread. You mentioned I need to surrender my I-94 when exiting, to my understanding, it means I automatically abandon my H-1B status.
---- All have to surrender I-94 when you leave US, by surrendering I-94 you don’t abandon H1 if you continue to work on H1 status after your entry on AP with same employer who has sponsored your latest H1. I hope you have not read the links posted above
Can I just use AP to exit and enter US ? I want to keep working on my H-1B when returning. Do you have hand-on experience with this ? Thanks a lot,
-------- You don’t need AP to exit. When enter use AP and still work with the same employer who sponsored your latest H1 and you will be on H1 and you can also extend H1 after entering on AP. Read the links in detail.


sram1969
------- As your I-140 is not approved, if they deny I-140 then EAD, AP, I-485 all will be denied. You have to take the risk using AP. Many have used AP in your situation please speak to your lawyer before you leave
 
ginnu:

Thanks for your message. I've contacted our company's immigration representative (a big IT company) and got "YES" answer for me to continue working on H-1B upon travel using AP, besides, I found I also have colleagues who has real experience in our company.

However, my spouse, who working in national lab, got NEGATIVE answer on this and was advised to have to use EAD after return, so my spouse has to cancel the trip. The reason in this difference may be due to the confusion in interpreting the INS AP regulation, besides, there is very few foreign nationals (H-1B) (<1%) in the lab my spouse is now working with, therefore, accordingly, I think their immigration representative does not have or had much experience with this. So I have to go ahead with the trip on my own.

By the way, which I-94 form should I surrender at the the airport ? I had F-2, F-1, two H-1B visa, which all has the I-94 form. I guess I need to surrender the very first one (F-2), one of my friends surrendered the I-94 when she entered the very first time many years ago.

Thank you very much for your input. Happy Thanksgivings !
 
By the way, which I-94 form should I surrender at the the airport ? I had F-2, F-1, two H-1B visa, which all has the I-94 form. I guess I need to surrender the very first one (F-2), one of my friends surrendered the I-94 when she entered the very first time many years ago.
---- You have to surrender ALL the I-94 at airline counter; you should not take Any I-94 with you. Ask the PIN or staple from Airline counter and staple all your I-94 and give them keep the latest I-94 at top when staple. Also make the copies of all the
I-94 (front and back) for your future records and keep in your immigration file at home.

----- give the copy of BCIS/INS MEMO copy to your wife emploer or Lawyer the linkes i have posted above.
 
Ginnu:

I-94 is used to track exit/enter USA, the first one I have (F-2) is for my last time entering USA, so I assume I only need to surrender that one which contains records of my entering USA.
All other I-94 form just came with my conversion into F-1, H-1 within the USA, it is completely blank on one side.

One of my friends used AP while I-485 pending, only surrendered the earlist one (F-2), it did not cause any problem for them later to contiue working on H-1B and finally to obtain the GC.

Thanks,
 
Ginnu:

By the way, I did read the documents in your links, which is very helpful in clarifying the AP travel/visa issues. Thanks,

My spouse did also send it to the immigration represenative, but they insisted that their opinion is right, maybe, they did not want to bother to read it or still using their sense/out-dated experience. It seems like it is impossible for them to revise their opinions on this, so my spouse has to cancel the trip.
 
I-94 is used to track exit/enter USA, the first one I have (F-2) is for my last time entering USA, so I assume I only need to surrender that one which contains records of my entering USA.
All other I-94 form just came with my conversion into F-1, H-1 within the USA, it is completely blank on one side.

--------------- You need to surrender your ALL the I-94 when you depart US (even if blank on one side, they have EAC# or WAC # or LIN# on it). By law you have to surrender all of your I-94 when you depart US. Only exception is that if your trip to Canada or Mexico is for less than 30 days you need not to surrender you I-94.

You can give the written opinion of your lawyer to your wife lawyer regarding H1 visa status or he can give a call if you request him he can inform them about the recent law or Memo (if your lawyer agrees)
 
Ginnu:

It is kind of difficulty to vonvince my spouse's law office to change their initial thought on this issue. Because the attorney's legal secretary first said that the answer is NO while her boss is out of office, then after cut/paste & sending her the INS clarification, she agreed to direct the question to the attorney later, and she told me her boss indicated that her first judgement is correct. Well, seems like the law office does not want to admit that they are wrong / misinformed on this issue. Will try to follow up on it. Thank for all your kind assitance. Happy Thanksgiving.
 
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