Travel questions

A

akayal1973

Registered Users (C)
Hello,

Here is my situation:

1. I am on H1B status (and my wife on H4) - our H1B and H4 I-94 are valid till Jan 22, 2008.

2. Our H1B and H4 visa stamps have expired.

3. Our I-485 is pending (currently stuck in name check). We do have Advance Parole Documents but we have not used them before.l

My questions are: if I travel to India in the interim:

1. Should I reenter with AP or should I try to get a H1B visa stamp at the consulate?

2. What happens if my H1B stamp gets denied? Will I still be able to enter on AP?

3. If I enter with AP, does my H1B status get null and void?

4. Also, in the unlikely case if my I-485 gets approved while I am in India, how do I enter the U.S.? (My GC in that case will be sitting here in NJ and the H1B status would be deactivated). Will I be able to enter using AP? I thought AP is only valid while the GC is pending?

Thanks a lot for your advice and time.
 
akayal1973,
I am kind of in the same situation as you. My H1B stamp in my passport expired. But I have a new H1B approval notice. My I-485 is pending. I did not get an AP because I want to keep my H1B. So when I go out of the country I will get a new H1B stamp on my passport and come in the country as an H1B. If I were you I would get a new H1B stamp on the passport. From what I understand it is always much better to keep your H1B status.

If your I-485 gets approved while you are out, somebody from the US can send it to you and you can enter with the green card. Or you can still enter with your H1B.
 
ohioperm said:
akayal1973,
I am kind of in the same situation as you. My H1B stamp in my passport expired. But I have a new H1B approval notice. My I-485 is pending. I did not get an AP because I want to keep my H1B. So when I go out of the country I will get a new H1B stamp on my passport and come in the country as an H1B. If I were you I would get a new H1B stamp on the passport. From what I understand it is always much better to keep your H1B status.
Click to expand...
Usage of AP doesn't violate ones h1-b status. H1-B status is toasted only if you use EAD. Eventhouh one uses AP to re-enter contry and continues working for h1-b sponsor employer and not use EAD, s/he is still on h1-b status.
 
akayal1973 said:
Hello,

Here is my situation:

1. I am on H1B status (and my wife on H4) - our H1B and H4 I-94 are valid till Jan 22, 2008.

2. Our H1B and H4 visa stamps have expired.

3. Our I-485 is pending (currently stuck in name check). We do have Advance Parole Documents but we have not used them before.l

My questions are: if I travel to India in the interim:

1. Should I reenter with AP or should I try to get a H1B visa stamp at the consulate?
-------------Better get H1 stamp and enter on H1
2. What happens if my H1B stamp gets denied?
Will I still be able to enter on AP?
--YES
3. If I enter with AP, does my H1B status get null and void?
------------NO if you are going to work with same employer who filed your latest H1. you can also get H1 extensions
4. Also, in the unlikely case if my I-485 gets approved while I am in India, how do I enter the U.S.?
----------with valid AP they will admit you
(My GC in that case will be sitting here in NJ and the H1B status would be deactivated). Will I be able to enter using AP?
-------YES
I thought AP is only valid while the GC is pending?
-----------one can enter with valid AP if I-485 gets approved when you are out of US

Thanks a lot for your advice and time.
Click to expand...
 
Thank you all for your advice. Looks like the consensus is that I should apply for H1B stamping, if possible.
 
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