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Eshwar Mandava

New Member
Hi,

I am on H1B and it expires on sep 2005. I filed my I-140 and I485 concurrently. I did not apply EAD and AP for my self, but I applied for my wife and she got it.

I am planning to leave to India next year, Can I come back with this H1B. What documents do I need to keep in my file when I come back. Do I need AP for me also.

Please provide some suggestions

Thank you

Eshwar
 
I am on H1B and it expires on sep 2005. I filed my I-140 and I485 concurrently. I did not apply EAD and AP for my self, but I applied for my wife and she got it.

I am planning to leave to India next year, Can I come back with this H1B. What documents do I need to keep in my file when I come back? Do I need AP for me also.

Eshwar Maharaj!!

---- What do you mean by H1B? How a person can understand you have only H1b approval notice or H1b visa stamped in passport please always be clear when post. If you have H1B visa stamped in your passport till 2005 just show the passport at POE and enter. Same for your wife if she has H4 visa stamped in passport she can enter showing Visa stamp. If you both have valid visa stamps no need of AP or showing AP at POE, one can have AP but may not use it if one has valid Visa to enter
 
Need Help : On H1 Ammendment/Extension, Visa Stamping To be done from India

HI I need some advise:

I am currently on H1B. Regular Extension/Ammendment petetion approved oln 4/23/03. Sent Passport for VISA Stamping in Dept of State but they returned the passport saying that VISA stamping to be done from Home country.

I have plans of visiting India in January 2004, but reluctant as I heard that when I go to India for stamping I have to go for face to face interview even though my H1 petetion is approved.

I have my 140/485 filed already. Has anyone been in the same situation? Please advise whether I should take the chance to get the stamping done from India or juust stay in USA until I get my EAD / AP?

Appreciate some help from persons been in the same situation recently. Also any suggestions on what are the chances VISA stamping could be rejected at India.

Cheers!

Anindya_72


Originally posted by ginnu
I am on H1B and it expires on sep 2005. I filed my I-140 and I485 concurrently. I did not apply EAD and AP for my self, but I applied for my wife and she got it.

I am planning to leave to India next year, Can I come back with this H1B. What documents do I need to keep in my file when I come back? Do I need AP for me also.

Eshwar Maharaj!!

---- What do you mean by H1B? How a person can understand you have only H1b approval notice or H1b visa stamped in passport please always be clear when post. If you have H1B visa stamped in your passport till 2005 just show the passport at POE and enter. Same for your wife if she has H4 visa stamped in passport she can enter showing Visa stamp. If you both have valid visa stamps no need of AP or showing AP at POE, one can have AP but may not use it if one has valid Visa to enter
Click to expand...
 
Spouse H4 VISA Question

Ginnu,

I have asked this question a couple of times in the forum but did not get any specific answer.

Here is my situation.

Applied for I-140/I-485 in Feb 2003.
I am currently on H1 valid till Oct. 2005.
I-140 still pending.


Applied for EAD for both of us and received it.
Wife's H4 expired on April 1, 2003 - Did not renew it since was planning to work.

Now she doesn't plan to work for another year or so (yes you guessed it - expecting baby)

With all the requirements about transit VISA. I wouls like to get her back on H4 status.

Can I apply for her H4 here now?

Or, when I go to my home country - can she appear for H4 VISA over there and get it stamped based on my H1?

I have asked the company lawyer he says she will remain in AOS till I-485 decision is reached.

Please guide me. I appreciate your help.

Thanks,
 
Re: Spouse H4 VISA Question

Originally posted by believe_in_self
With all the requirements about transit VISA. I wouls like to get her back on H4 status.
Can I apply for her H4 here now?
Or, when I go to my home country - can she appear for H4 VISA over there and get it stamped based on my H1?
Click to expand...
The questions to you are :

1. Has she or you ever used EAD to work?
2. Have you applied for AP?

If you have applied for 485, you can apply for AP, which is a much easier document to travel on.

If she has used EAD to work, then she CANNOT enter the country on H4, she will have to use and AP to enter the country!
 
No we have not used EAD

No we have not used EAD

I have heard(and almost certain about it) that if you travel with AP, in certain airlines you have to have transit VISA at places like London etc.
 
Re: No we have not used EAD

Originally posted by believe_in_self
No we have not used EAD
I have heard(and almost certain about it) that if you travel with AP, in certain airlines you have to have transit VISA at places like London etc.
Click to expand...
I would call up the airline and check the latest requirement from them. Usually AP is considered a legal document to travel back to the US. There should be no difficulty in proving the fact. These days with so many people travelling on their AP's, I am sure most foreign immigration officers know about it and shouldn't give you grief over it.

All things considered, I would travel on AP as compared to H1/4, just for the ease of use and lack of problems with explaining that your status is not abandoned, etc.

Good luck!
 
transit VISA needed for UK if going throuh London, if you want to confirm check with the nearest UK consulate.
 
I still don't have answer to my query

Irrespective of AP issues,

Can she go back to H4 status from AOS?

If yes, using which way?

Applying for H4 here or from the home country based on my H1?

Thanks,
 
Irrespective of AP issues,

Can she go back to H4 status from AOS?
---- Yes she can, and one can be AOS ANDH4 status
If yes, using which way?
----- She should go out of US apply H4 based on your H1 and enter on H4 visa
Applying for H4 here or from the home country based on my H1?
------ She should apply in US consulate out of US in your home country


----------------------------------------
Ginnu,

I have asked this question a couple of times in the forum but did not get any specific answer.

Here is my situation.

Applied for I-140/I-485 in Feb 2003.
I am currently on H1 valid till Oct. 2005.
I-140 still pending.


Applied for EAD for both of us and received it.
Wife's H4 expired on April 1, 2003 - Did not renew it since was planning to work.
---------She is staying illegal AND out of status but if her I-485 was filed before her H4 status or I-94 expiry date then she is staying legally her status is AOS pending
Now she doesn't plan to work for another year or so (yes you guessed it - expecting baby)
----- she can stay in US if she has AOS pending or got I-485 filing receipt and can give birth to baby here in US
With all the requirements about transit VISA. I wouls like to get her back on H4 status.

Can I apply for her H4 here now?
-------- NO, you should have applied before her I-94 expiry date, if you send form I-539 to BCIS they will reject it, but she can go out of US and can get H4 visa based on your H1(if you have NOT used EAD) and other required documents to get H4 visa, once she gets H4 visa stamped in her passport she can show H4 visa stamp at POE and will get I-94 based on H4 visa validity.
Or, when I go to my home country - can she appear for H4 VISA over there and get it stamped based on my H1?
---- YES
I have asked the company lawyer he says she will remain in AOS till I-485 decision is reached.
---- He is correct, as I noted your I-140 is still pending if I-140 is denied then EAD, AP, I-485 all will be denied. If I am in your situation I will maintain H1b status and will get my spouse H4 stamped from consulate out of US and I (H1holder)will not use EAD.

having valid AP is good if any problem for H4 visa stamp so she can enter with AP. always keep back up
 
HI,

Thank you very much for your response.

I do have H1 stamped till sep 2005. I did not apply AP and EAD for myself. I applied AP and EAD for my wife and she was here on F1 (graduated) and now she is using EAD for work.

I am planning to leave to india in Feb 2005 and I just want to know that can I back with this H1B or do i need to apply AP

My wife is also going to india and since she got AP, can she come back with AP.

Applied 1-140/485 concurrently and I-140 pending
 
ginnu,

Thank you very much for all the clarifications.
I appreciate your help on this very much.

As I mentioned we applied for I-485 in Feb '03, before her I-94 expired. So she is in status.

I agree with your view about I-140 and that is why I want her to come back on H4 status.

Our baby is due in January, so I cannot arrange for it right now. But we will do that soon.

Thanks again,
 
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