Travel without AP - H1B expired; Help!!

S

sunar

Registered Users (C)
Hi,
I entered US on H4 visa and i-94 expired on Apr 2001. I have my H1B approval notice. Our 485 is pending at VSC. I need to visit India in early Jan. Lawyer said I can go to Chennai embassy and get my H1B stamped on my passport for re-entry. Is this reasonable? OR Do I need to have AP before I travel. Some friends suggest NOT to go to embassy for stamping H1B while 485 is pending. What would you folks suggest? Please help. Has anyone been in this situation before?

Lawyer said they don't issue new AP in Boston INS office anymore. If I apply to VSC, I dont think I will get my AP approval before I leave. What should I do?

thanks for any help,
-Sunar
 
i'm also in the same boat. My lawyer told me to go ahead for stamping. It's ok if 485 is pending.. if it's approved before I go for stamping, i'll be sent a copy by the lawyer.
 
when you go for H1-B stamping in India, do you have to tell that your 485 is pending? What do you tell if they ask you about your intent to return back to your home country. I am told that usually you have to show your ties to home country if applying for Non-immigrant visa. Thats why I am confused.......
If anyone has been in this situation before, please help...
-Sunar.
 
Do not take any chances. I know couple of cases where Madras Consulate denied to stamp H1 visa. The reason being conversion of H4 to H1 while in US.
 
H1 stamp in Chennai

Sunar,

I strongly suggest you not to go to Chennai for H1B stamping. Three of my friends got rejected at that stupid consulate. They are such an idiots and do their best to give you hard time. If you have no other choice, take ALL the documents with you. I485 receipt, letter from employer, tax documents, employer tax info etc. If you are married, take marriage album, wedding card, marriage certificate with you (if your spouse needs H4 stamp).

I am also planning to visit home land in Jan. On December 2nd I sent my passport to St.Louis. Chances of rejection at St.Louis are very slim. If it got rejected you can try again through a lawyer. But, if your H1 got rejected in Chennai consulate you'll be struck. You have no other choice.

Think about sending your passport to St.Louis. We never know. You might get your passport back with stamp, before your travel date.
 
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