traveling using AP

P

paloalto

New Member
Hi,

Has someboday travelled used his/her AP recently? Any problem when you entered?

I am planning to go back China in Nov. I have a H1B valid until Feb 2004 but don't have a valid visa stamp on passport , also I have AP and EAD. My lawyer told me it's ok to use AP as long as I have EAD. I was told if I use AP, I will lose my H1B and have to use EAD. What should I do? Go to consulate to get a visa or use AP? Any risks on using AP?

Appreciate any inputs and suggestions.
 
Risk involve using AP

There is no risk. At pot of entry H1 visa/ AP anyone of them will permit you to enter US without any problem. H1 inspection will take 1 minute, AP inspection will take 3 minutes. This is the diffrence. AP might need double/2nd inspection by senior officer, H1 does not need that.


Now, if you wanna loose your H1, you can use AP. Once you use AP, you are no longer on H1 and so do your dependents (not on H4).

I wont use AP coz I am not married yet. I would like to keep it so that my spouse can apply for h4.


I hope you are not on the same boat. Therefore it really does not matter for you. Make sure you have EAD handy when you come back on AP, and have your I-9 updated.


On the other hand there is no harm to apply for H1 visa at consulate. You can still come back on AP, if you get denied or they take longer time to approve.

Hope this helps.
 
Right answers

1. you can use h1 to enter, if you have an old expired h1 visa stamp in passport and a new I797 approval - read up AC21

2. You can also use AP and still be on h1. Usage of AP does not mean you have to use EAD for employment.
 
jaxen

This is a dark thing I dont understand. If I use AP to enter US, yet if I dont loose H1 status then I have a question??

Why my spouse wont be eligible to get H4 at this moment ?? If I am still on H1 after using AP then why my wife can not be eligible for H4 from consulate. Would you please clarify the matter Jaxen?? I really need this answer. You might remeber what is my problem. I posted several question regarding that.

I am on H1b but never had H1 visa. I have filled for I-485. Planning to get married back home, but back home taking 6-8 weeks to issue visa. I can not wait that long. Then if I come back on AP, can my wife still be eligible to get her VISA from consulate??


Please answer.
 
your problem was

1. you never had a h1 stamp in passport
2. you are not ready to spend the 8-10 weeks to get the stamp.

If you read my answers to your post I do mention that you could come back in AP BUT YOU NEED AT LEAST a H1 STAMP OR I94 with H1 , so that your spouse can apply for H4
 
Thanks Jaxen, yet another question

I got it now. Now, this is my last question. Is it lawful

1) Come back on AP
2) start work on EAD
3) apply for another H1 from the same company (compnay will apply) even though the previous one was not expired

4) ask spouse to apply for H4 visa based on my newly apporved H1 by the same company.

Question

1) Is H1-->EAD-->H1 possible with the same company even though the first H1 is not expired at the time the last one has applied.


2) Would this newly approved H1 will enable my spouse apply for H4 from back home consulate herself even though I never had H1 VISA.



I would really appreciate, if you throw some lights on this. Please.
 
Legal Scenario

Yep it is legal.
Answers
1. Yes
2. I am not sure when there is this 8 week wait period for any visa and am not sure how the US consulate in your country handles cases without a h1 stamp. But if you have a valid h1 approval now, you can still do the same thing (of course before expiry of h1) now. Applying for extension is the not the only way to reset AP/EAD to H1 (as long as you are working with the same GC sponsoring employer)
 
Jaxen

As a matter of fact this 8 weeks or more time for issuing visa is not for female, only for male between 16-45. If I was married, my spouse could get VISA on the same day. However I am not married. In my culture it is possible to get married by phone, and do all the paper work using mail. But consular always ask for pictures:)


Anyway thanks a lot for your post.
 
You must log in or register to reply here.
Top