Traveling with AP while I-140 (& I-485) pending

I

imli

Registered Users (C)
Hi All,
I am considering to travel to India after I received my AP. I have already received my EAD card and holding a valid H1 visa status. However, my I-140 (EB2-NIW) and I-485 is still pending.

Please let me know if I can re-enter with AP while my I-140 is pending. If possible, then I would like to know if I can enter without having my H1 stamped and continue to work in H1.

I guess, many people with similar situation like me travelled in December. Please share your experience.

Also, I would like to know how long it takes to get an H1 stamp on the I797 in India and what is the procedure? Do I have to fix an appointment beforehand and how? Also, what are the possibility (common reasons) that an H1-visa stamp can be denied? In that case of rejection, will they take the I797 approval notice from me? I am still employed with the same H1 sponsor and will continue to work with them after coming back.

Please advise. Thank you very very much!
 
You can reenter U.S. with AP while I-140/I-485 are pending, without having your H-1B stamped and continue to work in H-1B. As a person on Advance Parole, you enter the U.S. not on an immigrant status. You need the original Advance Parole document that has not expired, and you need a passport to travel and enter the U.S.

If you are in H-1B status and wishes to reenter U.S. on H-1B status, you need to submit the original H-1B approval notice with the H-1B visa stamp on your passport. (also see: www.greencardapply.com/question/question04/question04_1229.htm)


vectorp
www.greencardapply.com
www.greencardfamily.com
 
vectorP said:
You can reenter U.S. with AP while I-140/I-485 are pending, without having your H-1B stamped and continue to work in H-1B. As a person on Advance Parole, you enter the U.S. not on an immigrant status. You need the original Advance Parole document that has not expired, and you need a passport to travel and enter the U.S.

If you are in H-1B status and wishes to reenter U.S. on H-1B status, you need to submit the original H-1B approval notice with the H-1B visa stamp on your passport. (also see: www.greencardapply.com/question/question04/question04_1229.htm)


vectorp
www.greencardapply.com
www.greencardfamily.com
Click to expand...

"If you are in H-1B status and wishes to reenter U.S. on H-1B status, you need to submit the original H-1B approval notice with the H-1B visa stamp on your passport."

How to understand this sentence? If I have only H1B status, that means I don't have an H1B visa stamp.
 
For those who come here on initial H1B stamp that expires after 3 years. They can extend their H1B by staying with in USA. In that case there will be no visa stamp on the passport. so at that time if they want to leave US and come back after vising abroad, they need original H1B approval and renewed visa stamp.
hope that clears your doubt.

for certain nationals H1B is not multiple entry so for those people they need visa stamp for reentry.
 
NIW_help said:
For those who come here on initial H1B stamp that expires after 3 years. They can extend their H1B by staying with in USA. In that case there will be no visa stamp on the passport. so at that time if they want to leave US and come back after vising abroad, they need original H1B approval and renewed visa stamp.
hope that clears your doubt.

for certain nationals H1B is not multiple entry so for those people they need visa stamp for reentry.
Click to expand...

Thanks! What happens if I have never had any H1B visa stamps (my h1b status was changed from F1-OPT, and I stay in the US since then)? What I have is just a copy of approval notice and original I-94 for H1B. Will they take the I94 away when I left the US? If I use AP when coming back, will I get another I-94 for H1B status?
 
Yes, you are supposed to staple the I-94 in your passport and give it to the airlines when you leave the country.
If you use AP to reenter without H1B stamp you get a I-94 valid up to 1 year. You make sure you work for your H1b sponsoring company and file for an extension to remain in H1B status. Other option would be to use EAD and renew it every year until you get your GC.
 
You must log in or register to reply here.
Top