Travel To India:ap Or H1b??

J

Jaggy

Registered Users (C)
I know this has been discussed several times but I just want to know the experiences of all who have travelled to India after getting AP approved and by just having an H1B approval notice(no stamp in passport). Me and my wife are in the same situation we both have approved AP and both have H1B approval notice with expired stamp. I am the primary applicant and my wife is the dependent for I485. My approval notice is via an extension with the same employer and my wife is through an H1B transfer. We both plan to work for the same employer after coming back.

We do not know if we should get H1B stamped or to reenter on AP. Also is it true that you maintain your H1B status after coming back thats what I fouund out from the forums.

Guys who have been in the above scenario and have travelled to India your experiences would be really really appreciated.........would like to know what is best AP or H1B stamp???
 
Jaggy said:
I know this has been discussed several times but I just want to know the experiences of all who have travelled to India after getting AP approved and by just having an H1B approval notice(no stamp in passport). Me and my wife are in the same situation we both have approved AP and both have H1B approval notice with expired stamp. I am the primary applicant and my wife is the dependent for I485. My approval notice is via an extension with the same employer and my wife is through an H1B transfer. We both plan to work for the same employer after coming back.

We do not know if we should get H1B stamped or to reenter on AP. Also is it true that you maintain your H1B status after coming back thats what I fouund out from the forums.

Guys who have been in the above scenario and have travelled to India your experiences would be really really appreciated.........would like to know what is best AP or H1B stamp???
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Your best bet is to use AP for re-entry.
You don't have to go thru the hassle of getting a visa stamp in India (which is a big hassle these days).

It is TRUE that you don't lose your H status by entering on AP - you can enter on AP & continue to work for your employer on H1 - no problems at all.
You don't even have to do anything special at POE - just enter showing your AP - no need to tell them anything about your H1 or whatever.

Read the Cronin Memo which covers this case.
 
Jaggy said:
thanks max what hassles are involved in getting H1B visa stamped?
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Well - you need to first get an appointment for the visa interview - which I think has a backlog of 3 or 4 months.
Then if you are "unlucky" your case might be sent for security checks / additional processing - which will delay your stamping by a few weeks.

Since getting a H stamp gives you only minimal advantages (compared to entering on AP), I wouldn't bother with it.
The only "advantage" of having a valid stamp is that you can avoid getting transit visas if you are traveling thru some European countries .... but the cost of the H stamp would probably offset the cost of these visas and these visas can be obtained with no hassles :)
 
max I do not doubt your opinion and neither the memo but I am just trying to analyze the complete scenario here. Murthy strongly discourages the use of AP to maintain H1B status and they say it is a grey area so I am really confused. Pls help...will really appreciate additional inputs
 
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