Traveling to India: Please Help

[India_Travel]

Hello Friends,

I need your suggestions. Here is our situation:
Mine: I entered US on H4 Visa. I got job and I am on H1B right now. We filed for 485, AP and EAD on July 2nd. I have received my EAD Card. No update on AP.
My Husband: He is currently on H1B visa (extension). No update on AP & EAD.

We want to go to India on Oct 13th. There is only one way we can go i.e., H1Stamping.

What are the chances our H1 stamping get rejected (My husband has done H1 stamping once)? Should we wait till we get AP or H1 Stamping is fine? How much risk we are taking?

Thanks in advance for your help.

 

[hopeofgc]

Hello Friends,

I need your suggestions. Here is our situation:
Mine: I entered US on H4 Visa. I got job and I am on H1B right now. We filed for 485, AP and EAD on July 2nd. I have received my EAD Card. No update on AP.
My Husband: He is currently on H1B visa (extension). No update on AP & EAD.

We want to go to India on Oct 13th. There is only one way we can go i.e., H1Stamping.

What are the chances our H1 stamping get rejected (My husband has done H1 stamping once)? Should we wait till we get AP or H1 Stamping is fine? How much risk we are taking?

Thanks in advance for your help.

If your husband has all required documentation for H1 visa, then i don't see any issue. However, there is a little risk involved in getting visa if Chennai consulate.
Well, if you don't want to take chance, then wait until you get AP then travel.
I hope you both get your AP approvals soon.

 

[portalfaq]

Risk?

hopeofgc

Who will have risk? You mean the husband or Wife?You mean to say Chennai consulate will have problem in issuing a visa to the wife (from H4 to H1B) ? please explain.

 

[hopeofgc]

hopeofgc

Who will have risk? You mean the husband or Wife?You mean to say Chennai consulate will have problem in issuing a visa to the wife (from H4 to H1B) ? please explain.

I guess there may be not any risk. But Chennai consulate very stringent about visa issuance. If you have all required documentation for H1 or H4, then probably you should be fine.

or

I would suggest you to wait until you get the AP before travel. So, in case, if any problem with getting visa in India, then you can come back on AP to US.

 

[portalfaq]

AP or Visa

I have got an appointment for Visa Interview in chennai consulate. I also got my AP document now before I leave here. Do I still need to go for Stamping?
Can I cancel the interview and return to US with AP? Would there be any issues? Please reply.

 

[hopeofgc]

I have got an appointment for Visa Interview in chennai consulate. I also got my AP document now before I leave here. Do I still need to go for Stamping?
Can I cancel the interview and return to US with AP? Would there be any issues? Please reply.

Well, you can attend for visa. If you get it, then you can come back on H1 visa.....else you can come back on AP.

 

[manwithnoname]

1. In order to keep the AP valid you must travel after approval of the above.
2. Your H-1B will remain valid despite using the AP.
3. Visa revalidaton should be a cakewalk. You may carry evidences of LC or I-140 in case the H-1B revalidation is beyond 6 years.

 

[sdrblr]

depends ... The factors I would consider:

Do cost analysis: If H1 is valid for more than 1 year then you have the visa for more than 1 year where as AP is valid for 1 year and have to be renewed.

Who pays for the AP (you or the employer) and how many family members do need AP

If your PD is current and say in 2003 or early 2004 V/s PD of 2006 or 2007

 

[lengthyLabor]

ManWithNoName,

I know that according to INS memorandum issued by Michael Cronin on May 16 2000, Point 3 (I have pasted here for your reference) you can still maintain H1 status even after entering on AP. However, the thing worries me is "Until the final rule is published". Do you know of any new rule that confirms that you can maintain H1 status even after enting on AP.

I appreciate your help.

If an H-1 or L-1 nonimmigrant has traveled abroad and was paroled into the United States via advance parole, the alien is accordingly in parole status. Does this interim rule allow him or her to now apply for an extension of nonimmigrant status?

Until the final rule is published, an alien who was an H-1 or L-1 nonimmigrant, but who was paroled pursuant to a grant of advance parole, may apply for an extension of H-1 or L-1 status, if there is a valid and approved petition. If the Service approves the alien's application for an extension of nonimmigrant status, the decision granting such an extension will have the effect of terminating the grant of parole and admitting the alien in the relevant nonimmigrant classification.

1. In order to keep the AP valid you must travel after approval of the above.
2. Your H-1B will remain valid despite using the AP.
3. Visa revalidaton should be a cakewalk. You may carry evidences of LC or I-140 in case the H-1B revalidation is beyond 6 years.

 

[madgu-gc2005]

Answers are in Red.

Can anyone clarify:
I have applied for I-485, did not receive any receipt so far, but got the FP notice and it was done3 weeks ago. The FP notice has a number- LIN xxxxxxxxxxxxxx. No AP or EAD so far. I have an approved H1-extension(3year based on I-140(2007- 2010), which is not stamped yet. I have been extending every year the H1-B since 2004(last stamped visa expired in 2004).I need to go to India in December.

Suppose my AP comes before I leave (there is almost 2 months). Can any one clarify:

1. If I get my visa stamped and I use that to reenter, will my AP becomes invalid?

No. Your AP will be valid till it expires.


2. If I use my AP to re-enter,then does my H1-B apporval gets invalid. Eventhough I did not go for visa stamping and can I come back and work on H1 itself or I have to start using EAD. (I prefer to work on H1 and keep my status rather than use EAD)

Why will you use AP when your H-1B visa is there in your passport? Better you use H-1B to reenter

Now a query about Visa appointment in Chennai,India.
I have got my visa stamped from chennai before and has revalidated once in US. My comapany is doing good. I have all my papers so far except the AP/EAd.Is there anything else to worry about getting the visa revalidated at Chennai

As long as you have H-1B related documents then there should not be any problem.

Can we ask for a specific date for visa appointment (time frame) or they give us the date. I did not see any option for requesting specific dates or even requesting in specific month. Please guide me through.

You have to make an appointment through vfs and if there is an emergency situation then probably the consulate might consider giving you the date you want provided they are satisfied with your explanation.
Thanks