Travelling to India- AP or H1B

J

jify30

Registered Users (C)
Hi everyone,

I am planning to visit India in around first week of May. My H1B visa is not stamped on the passport. I was having AP last year (which I never used), but I didn't renew it. Now my question is if I go to stamp H1B (which is valid till June 2009) at US Embassy, New Delhi, is my last years AP or pending I-485application going to create any problem?

Thanks for your input.
 
There should be no problem at all. Using H1B, if possible, is better than using AP. Just have the original copy of your I-485 receipt notice with you while traveling, although it is not necessary any more (since Nov 1, 2007). But if your AP hasn't expired, keep that with you as well. In case your I-485 is approved (while you are outside US) your H1B status is immediately canceled. Then you need the AP to reenter or ask someone to mail you the green card before coming back.
 
eb1a-query said:
There should be no problem at all. Using H1B, if possible, is better than using AP. Just have the original copy of your I-485 receipt notice with you while traveling, although it is not necessary any more (since Nov 1, 2007). But if your AP hasn't expired, keep that with you as well. In case your I-485 is approved (while you are outside US) your H1B status is immediately canceled. Then you need the AP to reenter or ask someone to mail you the green card before coming back.
Click to expand...

Thanks eb1a-query. My AP is expired and I have to get H1B stamped on my passport.
 
Be extremely careful in making this decision. Although I wish you a speedy and happy everything, there is a downside to the option of choosing stamping over AP - the newly formed rules that require "additional processing" may see you spending a lot more additional time (no guarantees on how much) than your plan. I would check with the lawyer, think of all the pros and cons before making that decision. At present, I'm stuck in Delhi and trust me as much as I love my family and India, the fact that my family and life is messed up because of the hold up is painful.

Think twice of all the pros and cons of AP versus H1B.
 
Why are you struck up?

calabor2001 said:
Be extremely careful in making this decision. Although I wish you a speedy and happy everything, there is a downside to the option of choosing stamping over AP - the newly formed rules that require "additional processing" may see you spending a lot more additional time (no guarantees on how much) than your plan. I would check with the lawyer, think of all the pros and cons before making that decision. At present, I'm stuck in Delhi and trust me as much as I love my family and India, the fact that my family and life is messed up because of the hold up is painful.

Think twice of all the pros and cons of AP versus H1B.
Click to expand...


I am also thinking of going for stamping over AP. Can you please tell me the reason for your struck up...What steps did you do?
thanks,
Sri
 
Just in case you get the Green Card.... don't get it mailed.... it's not legal. If you are approved while you are out of the country, at the time of entering they will stamp your passport.


eb1a-query said:
There should be no problem at all. Using H1B, if possible, is better than using AP. Just have the original copy of your I-485 receipt notice with you while traveling, although it is not necessary any more (since Nov 1, 2007). But if your AP hasn't expired, keep that with you as well. In case your I-485 is approved (while you are outside US) your H1B status is immediately canceled. Then you need the AP to reenter or ask someone to mail you the green card before coming back.
Click to expand...
 
Same boat.

Hello Friends,

I am in the same boat as you guys. I am also planning to come back on AP.
My H1b stamping expired 18 months back. I have new H1 till 2010 valid. But needs stamping. I really do not want to do all this paper work and go to Chennai consulate for stamping.
I got 3rd AP approved last month. Received 3 weeks back and valid till end of the year.

calabor2001,
You stuck in India because you went for H1 stamping?
Can you explain little bit more?

I am kind of confused. I sent a mail to lawyer. Here was the response.
***************************
You can use AP to enter, w/o any H1 visa stamp in the passport.
And using AP does not terminate or invalidate H1 status.
Only using EAD will terminate/void H1 status.
Hope this answered your question.
***************************
Please explain pros and cons.

Regards,
vllrp
 
vllrp said:
Hello Friends,

I am in the same boat as you guys. I am also planning to come back on AP.
My H1b stamping expired 18 months back. I have new H1 till 2010 valid. But needs stamping. I really do not want to do all this paper work and go to Chennai consulate for stamping.
I got 3rd AP approved last month. Received 3 weeks back and valid till end of the year.

calabor2001,
You stuck in India because you went for H1 stamping?
Can you explain little bit more?

I am kind of confused. I sent a mail to lawyer. Here was the response.
***************************
You can use AP to enter, w/o any H1 visa stamp in the passport.
And using AP does not terminate or invalidate H1 status.
Only using EAD will terminate/void H1 status.
Hope this answered your question.
***************************
Please explain pros and cons.

Regards,
vllrp
Click to expand...

There is risk of getting into 'approval letter verification' , which can get you stuck with H1B stamping for a month. If you get into 'additional security check' , you can get stuck abroad for more than 3 months. Why the hassle ?
 
Thanks

gc_mania said:
There is risk of getting into 'approval letter verification' , which can get you stuck with H1B stamping for a month. If you get into 'additional security check' , you can get stuck abroad for more than 3 months. Why the hassle ?
Click to expand...

Means better to use AP and come back to US right??
Just to make sure I understand it correctly..

Thanks,
vllrp
 
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