Travelling to India...whether to use H1 or AP

seshu1973

Registered Users (C)
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.
 
seshu1973 said:
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.
you have 2 options:
1 get H1 visa stamp and enter on H1 visa stamp and get I-94 based on H1
OR
2 enter with AP, AP does not invalidate your H1 status if you still have H1 approval notice and you are working with the same employer who filed your latest H1, after entry with AP you CAN also file H1 extension
** it is better to be on H1 status if I-140 is not approved and pending I-485 has not hit 180 days
 
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