Travel using AP and H1B waiting ....

[razna]

Here is my situation....

1. Am on H1B which is expiring Nov 2nd 2004.
2. Applied for 7th year extension July 2004, so hoping it should be here any day. (Vermont is processing Aug 19th cases)
3. Applied for I-140\485 June 2004. 140 still pending....
4. Got AP and EAD

I need to travel to India on Nov 11th 2004 and am coming back on 6th Dec 2004.

I know if H1 extension comes before I leave for India, and I get it stamped there is no problem and everything will be

fine....I will not have to show AP at port of entry and will still be on H1 status. The whole problem or question is if

H1 extension does not come before I leave or I am not able to stamp it while in India...
Here are three cases I can think of:
1.I get H1 extension before I leave but am not able to stamp as Mumbai counsulate is taking 3 weeks to give appt. Can I

come using AP and still be on H1 status?
2.H1 extension is not approved before I leave but application gets apporved while in India, can I still use AP to enter and still be on H1 status?
3.I don't get a H1 extension before I return(say it takes another 3 months to approve), what status would I be in?? Do I need to use EAD?

These same questions apply to my wife...will she still be on H4 status even after using AP? Her H4 extension has also been applied July 2004.

Thank you for your time!!

 

[ginnu]

Here is my situation....

1. Am on H1B which is expiring Nov 2nd 2004.
2. Applied for 7th year extension July 2004, so hoping it should be here any day. (Vermont is processing Aug 19th cases)
3. Applied for I-140\485 June 2004. 140 still pending....
4. Got AP and EAD

I need to travel to India on Nov 11th 2004 and am coming back on 6th Dec 2004.

I know if H1 extension comes before I leave for India, and I get it stamped there is no problem and everything will be

fine....I will not have to show AP at port of entry and will still be on H1 status. The whole problem or question is if

H1 extension does not come before I leave or I am not able to stamp it while in India...
Here are three cases I can think of:
1.I get H1 extension before I leave but am not able to stamp as Mumbai counsulate is taking 3 weeks to give appt. Can I

come using AP and still be on H1 status?
2.H1 extension is not approved before I leave but application gets apporved while in India, can I still use AP to enter and still be on H1 status?
---yes
3.I don't get a H1 extension before I return(say it takes another 3 months to approve), what status would I be in?? Do I need to use EAD?
----- you will use AP and your status will be AOS pending and you will need EAD for work but if you get H1extension if approved while you were out or when you are in US you can use H1
These same questions apply to my wife...will she still be on H4 status even after using AP? Her H4 extension has also been applied July 2004.
--- yes if she gets H4 extension

*** it all depends when your H1ext or H4 for spouse gets approved, if you enter US before it gets approved then the attached I-94 with EXT approvals will be valid for H1 and H4.

Thank you for your time!!

 

[razna]

Thanks Ginnu for your reply....just one more thought...say I get my H1 extension while in India so I cannot stamp it and I use AP to enter US....I would get I-94 at port of entry...My H1 extension will also have a I-94..which will have a different number..The next time I leave the country or apply for H1 extension which I-94 should I use?