Urgent : AP or H1 B or Both

N

nobodyno

Registered Users (C)
Here I am again with a list of questions.Please respond ASAP as it is very urgent
Scenerio:
Me and my wife has a AP that is valid till Oct 22-2004 and H1 stamping till Nov -04-2004.I have a new H1 approval(not stamped - my current employer) which is vlaid till May-2006.I have an approved 140(approved last week)
My wife is going to india this weekend and is planning to return in 4-5 month(open ticket).
Quesitons:
Does She has to return back on H1 - valid till nov'2004 or AP- valid till oct-2004?
Can I apply for AP renewal before she leaves and hopefully is that gets approved then may be she can stay for longer(after oct 22)?is that OK>
Can she/me maintain H1 status by returning back on H1 eventhough I have approved 140 and AP?
Do I have to get a new stamping as my old stamping is expiring on nov 2004?
If we can return back on H1 then would it be advisable to stay back after Oct 22 ?Or would it be advisable to return back before oct 22 as in that case I will have both AP and H1 stamping valid>?
Evenif we return on AP ,would I still be able to maintain H1 status(if i dont use EAD )?
I tried to ask the same to my company's legal assistant but she wont suggest anything?
I read the instructions on Form I-131 and it says that
"
NOTE: If you are in the United States and wish to travel
abroad, you do not need to apply for advance parole if both
conditions described below in numbers 1 and 2 are met:
You are in one of the following nonimmigrant categories:
1.
An H-1, temporary worker, or H-4, spouse or child of
an H-1; or
An L-1, intracompany transferee, or L-2, spouse or
child of an L-1; or
A K-3, spouse, or K-4, child, of a U.S. citizen; or

A V-2, spouse, or V-3, child, of a lawful permanent
resident; and
2.

A Form I-485, Application to Register Permanent
Residence or Adjust Status, was filed on your behalf and
is pending with the CIS.

However, upon returning to the United States, you must
present your valid H, L, K or V nonimmigrant visa and
continue to remain eligible for that status."

Expert (or not expert) Advice is highly appreciated.

Thanx
Nobody
 
Answering to your questions:


Here I am again with a list of questions.Please respond ASAP as it is very urgent
Scenerio:
Me and my wife has a AP that is valid till Oct 22-2004 and H1 stamping till Nov -04-2004.I have a new H1 approval(not stamped - my current employer) which is vlaid till May-2006.I have an approved 140(approved last week)
My wife is going to india this weekend and is planning to return in 4-5 month(open ticket).
Quesitons:
Does She has to return back on H1 - valid till nov'2004 or AP- valid till oct-2004?

Answer: If she is returning on H4, then she should arrive in US before the H4 visa expires on the passport. Your H1B stamp doesnt support her entry into USA. To use AP to reenter USA, she should have got her AP approved even before she starts from US.

Can I apply for AP renewal before she leaves and hopefully is that gets approved then may be she can stay for longer(after oct 22)?is that OK>

Answer: Merely applying AP before she leaves USA, wouldnt put her to stay back in India and come back after her H4 expires in her passport.

Can she/me maintain H1 status by returning back on H1 eventhough I have approved 140 and AP?

Yes you can maintain your H1B status even if you reenter US with your AP and approved I140 since you have a new H1B in your hand now.

Do I have to get a new stamping as my old stamping is expiring on nov 2004?
Ans: If you are planning to enter US before Nov 2004, then no need to get it stamped. But after Nov 2004, you might need the stamp or you should use your AP which is approved for you, before you left to India.

If we can return back on H1 then would it be advisable to stay back after Oct 22 ?Or would it be advisable to return back before oct 22 as in that case I will have both AP and H1 stamping valid>?

Answer: Please return before Oct 22, or before the expiration of your visa, else you would have problems at the port of entry.

Evenif we return on AP ,would I still be able to maintain H1 status(if i dont use EAD )?

Answer: Yes, You can maintain Legal H1 status even if you enter on AP.

I tried to ask the same to my company's legal assistant but she wont suggest anything?

Your legal assistant is a waste dumbo.. leave her.. She might not know anything, only those bitches consider as legal assistant(its just like a indian typist) who knows to arrange paper stuff and file stuff..

I read the instructions on Form I-131 and it says that
"
NOTE: If you are in the United States and wish to travel
abroad, you do not need to apply for advance parole if both
conditions described below in numbers 1 and 2 are met:
You are in one of the following nonimmigrant categories:
1.
An H-1, temporary worker, or H-4, spouse or child of
an H-1; or
An L-1, intracompany transferee, or L-2, spouse or
child of an L-1; or
A K-3, spouse, or K-4, child, of a U.S. citizen; or

A V-2, spouse, or V-3, child, of a lawful permanent
resident; and
2.

A Form I-485, Application to Register Permanent
Residence or Adjust Status, was filed on your behalf and
is pending with the CIS.

However, upon returning to the United States, you must
present your valid H, L, K or V nonimmigrant visa and
continue to remain eligible for that status."

Expert (or not expert) Advice is highly appreciated.


Answer: Appreciated accepted if you are convinced with my answers..

Want GC Soon :)
 
nobodyno said:
Here I am again with a list of questions.Please respond ASAP as it is very urgent
Scenerio:
Me and my wife has a AP that is valid till Oct 22-2004 and H1 stamping till Nov -04-2004.I have a new H1 approval(not stamped - my current employer) which is vlaid till May-2006.I have an approved 140(approved last week)
My wife is going to india this weekend and is planning to return in 4-5 month(open ticket).
Quesitons:
Does She has to return back on H1 - valid till nov'2004 or AP- valid till oct-2004?
Can I apply for AP renewal before she leaves and hopefully is that gets approved then may be she can stay for longer(after oct 22)?is that OK>
Can she/me maintain H1 status by returning back on H1 eventhough I have approved 140 and AP?
Do I have to get a new stamping as my old stamping is expiring on nov 2004?
If we can return back on H1 then would it be advisable to stay back after Oct 22 ?Or would it be advisable to return back before oct 22 as in that case I will have both AP and H1 stamping valid>?
Evenif we return on AP ,would I still be able to maintain H1 status(if i dont use EAD )?
I tried to ask the same to my company's legal assistant but she wont suggest anything?
I read the instructions on Form I-131 and it says that
"
NOTE: If you are in the United States and wish to travel
abroad, you do not need to apply for advance parole if both
conditions described below in numbers 1 and 2 are met:
You are in one of the following nonimmigrant categories:
1.
An H-1, temporary worker, or H-4, spouse or child of
an H-1; or
An L-1, intracompany transferee, or L-2, spouse or
child of an L-1; or
A K-3, spouse, or K-4, child, of a U.S. citizen; or

A V-2, spouse, or V-3, child, of a lawful permanent
resident; and
2.

A Form I-485, Application to Register Permanent
Residence or Adjust Status, was filed on your behalf and
is pending with the CIS.

However, upon returning to the United States, you must
present your valid H, L, K or V nonimmigrant visa and
continue to remain eligible for that status."

Expert (or not expert) Advice is highly appreciated.

Thanx
Nobody
Click to expand...

Dear Nobody,

First of all - read what ginnu has advised you in other post. Now for your issue:
Does She has to return back on H1 - valid till nov'2004 or AP- valid till oct-2004?
It is your and your wife's choice to use AP or H1 visa to re-enter USA.

Can I apply for AP renewal before she leaves and hopefully is that gets approved then may be she can stay for longer(after oct 22)?is that OK>
If AP is applied for your wife - she cannot leave USA without getting it in her hands. It is good to apply AP as you never know if and when your case will be adjudicated!

Can she/me maintain H1 status by returning back on H1 eventhough I have approved 140 and AP?
Yes she can maintain her H1 status.

Do I have to get a new stamping as my old stamping is expiring on nov 2004?
You may like to go for new visa stamp but if you plan to use AP for entry then it is optional.

If we can return back on H1 then would it be advisable to stay back after Oct 22 ?
What is apprehension behind this?

Or would it be advisable to return back before oct 22 as in that case I will have both AP and H1 stamping valid>?
Doesn't matter as long as you have one entry document with you - you are safe.

Evenif we return on AP ,would I still be able to maintain H1 status(if i dont use EAD )?
Read what I wrote about your wife's case. There is no known discrimination based on sex of individual for entry rules in USCIS. You will not be harrased by any means.

I tried to ask the same to my company's legal assistant but she wont suggest anything?
If she is good - give her my ID, if not, pass Manoj Vig's ID(he will make her cry too). :D

I read the instructions on Form I-131 and it says that

....

Reading is good habit. I don't think you have issue about it.

Thanx Nobody

I know you are thankless :D . Not a problem as long as you do not post same post all over the portal and mark questions with numbers or alphabets or anything like that(so that I do not have to copy paste it - make bold etc etc.).

By the way talk to would be moms and already moms - they will tell you if, medically, it is better to have kids in US or India!
 
Last edited by a moderator:
Just wanted to reconfirm -

If AP is applied for me and wife, we cannot travel abroad (and re-enter)- till it has been approved, even if we have valid H1 /H4 visas?
 
Incorrect -

If you are maintaing the validity of h1/h4 status, should not be a problem to re-enter (even if you have AP application pending)
 
Thanks! I only wanted to clarify the above reply from Jharkhandi...

Can I apply for AP renewal before she leaves and hopefully is that gets approved then may be she can stay for longer(after oct 22)?is that OK>
If AP is applied for your wife - she cannot leave USA without getting it in her hands. It is good to apply AP as you never know if and when your case will be adjudicated!
 
zbcx123 is right. I posted in context of nobody's situation - that he plans his wife to stay in India after Oct 22 and seems that they want to use AP to enter. Also it is good to have AP ready, in case your 485 is adjudicated before you reach USA.

I should have clarified the context - my fault.
 
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