traveling to India,whether to use H1 or AP

[seshu1973]

My H1 is valid till 31 Sep,but i don't have my passport stamped for this valid visa.But i do have EAD and AP valid till june 15th.
I will be traveling to India in the last week of May and coming back on June before my AP getting expired.
Can i use AP instead of my H1 as i need to go to consulate in India as it is very tough to get the appointment.
If i use my AP,will my status change to EAD,as i am working on my H1 so far(not opened EAD).

Quick response would be appreciated.

 

[Yuppie]

H1 or AP

You can certainly use your AP to enter the US if you wish to, and....Last I read, you can maintain your H1 status after coming back provided that - you enter the US on the AP and then CONTINUE TO WORK FOR THE SAME EMPLOYER THAT SPONSORED YOUR H1 BEFORE YOU LEFT THE US (meaning you do not change your employer)...


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Disclaimer: I'm not an attorney, just a smart alec

 

[neocor]

My H1 is valid till 31 Sep,but i don't have my passport stamped for this valid visa.But i do have EAD and AP valid till june 15th.
I will be traveling to India in the last week of May and coming back on June before my AP getting expired.
Can i use AP instead of my H1 as i need to go to consulate in India as it is very tough to get the appointment.
If i use my AP,will my status change to EAD,as i am working on my H1 so far(not opened EAD).

Quick response would be appreciated.

Cannot really comment about your status after you use the advance parole, its still a grey area for me. But I think you will remain on H-1 as long as you are in the same company. But as is said its a grey area.

I however would suggest you renew your AP before you leave for India, as it stands to expire on June 15. If your EAD is also expiring on the same day then renew that also. I dont know if you would have problem coming into US with the AP that will be expiring within days of entering the US, but you will surely have problems getting a Airport Transit Visa for some of the European changeover hubs.
I know for sure that you will not get the Transit Visa from Britain and France. They clearly state that the AP should be valid for atleast 2 more months after the last date of transit through that port.

The alternative would be to go with an Airline that does not have a stopover in any of the European countries, not even for refuelling. Air India Refules in London or Paris and both require the Airport Transit Visa.

Hope this helps.
neocor

 

[pralay]

M
Can i use AP instead of my H1 as i need to go to consulate in India as it is very tough to get the appointment.

Yes, you can use your AP for re-entry (that's what AP is for).

M
If i use my AP,will my status change to EAD,as i am working on my H1 so far(not opened EAD).

No, usage of AP does not change your immigration status. If you were H1 before leaving USA, you wil beon H1 after using AP.