Traveling to India on H1 and/or AP?

[LuckyBastard]

New to this portal!!!

Background:
I will be applying for my I-140/I-485 within a week. I have a H1 visa but needs to be stamped(revalidated). I need to visit India end of November.

Questionssssss:
Should I apply for AP(for me and my wife) or the H1 should be sufficient for re-entry? Actually need to know how safe is it to travel on only H1 during this stage of processing?
What are the chances of rejection?
Do you recommend me getting AP?
Is it worth considering the fee involved in getting AP?
What if it does not arrive by the time I leave for India?

 

[zbcx123]

As long as you have a valid H1B stamping in your (& H4 for wife) passport and your I-485 doesn't get approved while you are outside the country, you don't need a AP to re-enter USA.

If you are indeed a "LuckyBastard" - get your I-485 approved while outside the country in this short span - your immigration application will be rejected if you don't have a valid AP and you'll have to start your GC processing all over again.

 

[mega007]

Hey LuckyB !!

I am also new to the forum. But I have been watching this for a while now. Besides i got my 140 approved in the month of April and waiting for 485 which I did concurrent. I got 2 EADs and 2 APs until now.

Ok ! you did not mention about how long your H1B period is left over (out of 6 yrs). That would be a very mainthing to reply your question. Besides, I do not think you need an AP at your situation if you have good amount of H1B left over. If you dont have H1B period left ovr then ofcourse you need AP to get into US back. And there is another scenario when you need AP very badly. Lets say you go in H1B and before you come back If your 485 gets approved, then you cannot get in without AP. But in your case you yet to apply for it and if your 485 gets approved by any chance before you come back from vacation - Yep ! in that case it is risky. But I am not sure the processing wud be htat soon - never heard of that ...you know..

 

[LuckyBastard]

Thanks Maga....I still have an year or so on my H1.
Was wondering if the consulate in India is aware of my filing of Adjustment of Status. Will it conflict when I go to the consulate for a non-immigrant visa(H1) when I have already filed for a immigrant visa. Does this really matter??Pardon me if this sounds stupid!!!!!

 

[yeppo]

I will have a month left when I will be returning from India on my H1. I have been told and I have known people who have come back with one day remaining for their H1 to expire. The h1 is a dual intent visa and you should have no issues at Madras but this is just a layman's opinion.

Rgds,

Yeppo

 

[mega007]

luckyB!

Yeppo's reply sounds meaningful to me. YOu may also want to check with more source. I would suggest you to PM the people who has done 100s of postings like Yeppo/nemesis ... since I kinda believe they may have more awareness....

 

[usnycus]

I went to Toronto, Canada in Jan 2004 to get H1 stamped. I had I-485 pending at VSC that time and had no trouble getting it done. I took AP along with me, just in case. Check following thread:

http://boards.immigrationportal.com/showthread.php?threadid=106312

See Inline......

New to this portal!!!

Background:
I will be applying for my I-140/I-485 within a week. I have a H1 visa but needs to be stamped(revalidated). I need to visit India end of November.

Questionssssss:
Should I apply for AP(for me and my wife) or the H1 should be sufficient for re-entry?
... If you have time, get AP before you travel

Actually need to know how safe is it to travel on only H1 during this stage of processing?
... Most probably you will not face any trouble. I suggested to get AP just in case.

What are the chances of rejection?
... If you have all the paper work, you will get it.

Do you recommend me getting AP?
... Yes

Is it worth considering the fee involved in getting AP?
... It all depends upon individual, personaly I think it's worth.

What if it does not arrive by the time I leave for India?
... You have to make this call.