Travelling to India.

H

h1_guy_4_gc

New Member
Hi All,

I am a H1-B Holder working with a company A. I have not gotten stamping for the H1-B. I am still working with the same company.

I had applied for a Greencard with Company B for future employment. I had gotten EAD and Advance Payrole from Company B.

My mom is sick and i have to go to india to see her. Will i have problems if i come back using the AP of company B or do i need to get my H1 stamped. I am worried since there is a lot of backlog on the Appointments in india and i am not sure what problems would arise.

My attorney suggested that there would be no problems. I wanted to post this on immigration portal to find out more. Please suggest me about possible issues.
 
Last edited by a moderator:
h1_guy_4_gc said:
Hi All,

I am a H1-B Holder working with a company A. I have not gotten stamping for the H1-B. I am still working with the same company.

I had applied for a Greencard with Company B for future employment. I had gotten EAD and Advance Payrole from Company B.

My mom is sick and i have to go to india to see her. Will i have problems if i come back using the AP of company B or do i need to get my H1 stamped. I am worried since there is a lot of backlog on the Appointments in india and i am not sure what problems would arise.

My attorney suggested that there would be no problems. I wanted to post this on immigration portal to find out more. Please suggest me about possible issues.
Click to expand...

Hello,
You can get the H-1B transfer to company B, and you can travel out of the Us as long as you have the valid H-1B stamp in your passport. Since you do not have the stamp in your passport, you first get the stamp and then move out of the US. On H-1B visa you can always travel out of the US , there is no need of Advance Parole.
 
h1_guy_4_gc said:
Hi All,

I am a H1-B Holder working with a company A. I have not gotten stamping for the H1-B. I am still working with the same company.

I had applied for a Greencard with Company B for future employment. I had gotten EAD and Advance Payrole from Company B.

My mom is sick and i have to go to india to see her. Will i have problems if i come back using the AP of company B or do i need to get my H1 stamped.
--------------------you CAN use the AP to come back, be back before AP expiry date.
I am worried since there is a lot of backlog on the Appointments in india and i am not sure what problems would arise.

My attorney suggested that there would be no problems.
-------------correct (keep your I-485 filing reciept Copy and EAD with you)
I wanted to post this on immigration portal to find out more. Please suggest me about possible issues.
Click to expand...

You may need Transit visa if want to use AP check with airline and also check below link

TRANSIT VISA SITE
http://www.delta.com/planning_reser...formation/visa_passport_information/index.jsp
 
jonty said:
Hello,
You can get the H-1B transfer to company B, and you can travel out of the Us as long as you have the valid H-1B stamp in your passport.
---why he need H1 Transfer? who told you that one need H1 Stamp to go out of US? H1 stamp is to enter US. H1 stamp has nothing to do with his entry to India. he has Indian passport.
Since you do not have the stamp in your passport, you first get the stamp and then move out of the US.
------------ why he should get stamp in passport to go out of US???
On H-1B visa you can always travel out of the US , there is no need of Advance Parole.
------------------ on H1B visa one ENTERS US, H1B visa stamp is NOT to travel out of US.
Click to expand...
 
i agree with ginnu........jonty can you please review and correct your post since it maybe misleading/confusing/intimidating to others.....thanks
 
jonty said:
Hello,
You can get the H-1B transfer to company B, and you can travel out of the Us as long as you have the valid H-1B stamp in your passport. Since you do not have the stamp in your passport, you first get the stamp and then move out of the US. On H-1B visa you can always travel out of the US , there is no need of Advance Parole.
Click to expand...


Incorrect, Incorrect, and Incorrect

Though, H1B is always an option to enter into US, AP is good too.
H1B stamp has nothing to do with going out of US?

Jonty - If you don't mind, May I ask you what you do for living?
 
Clarification...

Hi friends,

Thank you all for taking the time to answer my question.

I have one more thing i missed to add. My H1 is not stamped for more than an year. I cannot get it stamped from Canada or Mexico. I have to go to India to get it stamped. In India, stamping takes 3 to 4 months since there are appointments and lots of other things. I have to travel immideately.
 
h1_guy_4_gc said:
Hi friends,

Thank you all for taking the time to answer my question.

I have one more thing i missed to add. My H1 is not stamped for more than an year. I cannot get it stamped from Canada or Mexico. I have to go to India to get it stamped. In India, stamping takes 3 to 4 months since there are appointments and lots of other things. I have to travel immideately.
Click to expand...

It does not matter if you are using advance Parole
 
i agree that you H1B stamp does not matter if you have AP (and its better to have all documents (old h1/f1/j1/ead/i-140 approval/485 receipt etc) so that you can prove your legal stay in case you are questioned)
 
Thank you so much.

techy2468 said:
i agree that you H1B stamp does not matter if you have AP (and its better to have all documents (old h1/f1/j1/ead/i-140 approval/485 receipt etc) so that you can prove your legal stay in case you are questioned)
Click to expand...

Thanks to all the people who had answered my questions. I think i prefer to use AP.
Your support is a great help.
 
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