Urgent help needed for AP/H1B

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vahope4gc

Registered Users (C)
Hello Friends I need your urgent help in understanding AP and H1B issues:

I am on H1B with I140/I485 Pending at VSC. My current H1B has already expired but H1B extension is pending with VSC as I have 2 more years for H1B status. Now I have to travel outside USA in July 2004 and I am thinking for applying AP as well but hesitate because don’t know the answer to following questions

1. If I file my AP application and my H1B extension get approved before AP approval, then Can I go out and get H1B stamped and come back on H1B. Will there be any problem for I-485/I-140 as I will be leaving USA while AP is still pending. Will I have to wait till AP application decision made?
2. If AP application and H1B both are approved and I travel outside USA and use AP for reentry (as I want to avoid H1B stamping in that case), Will I loose my H1B status? What if my I-140 denied while I entered on AP? Will I be able to continue in valid status H1B as I will have H1B visa valid till 2006 or I have to lease USA and apply for a fresh H1B.

Gurus please help me as I want to file my AP this week.
Thanks in Advance
 
Ans 1. AP file gets voided if you travel before approval. If you have AP approved before leaving then you can still get H1B stamped.

Ans 2. Just the mere use of AP for entering USA does not cancel your H1B status. But if you use EAD at any time for work then your H1B gets anulled.


Originally posted by vahope4gc
Hello Friends I need your urgent help in understanding AP and H1B issues:

I am on H1B with I140/I485 Pending at VSC. My current H1B has already expired but H1B extension is pending with VSC as I have 2 more years for H1B status. Now I have to travel outside USA in July 2004 and I am thinking for applying AP as well but hesitate because don’t know the answer to following questions

1. If I file my AP application and my H1B extension get approved before AP approval, then Can I go out and get H1B stamped and come back on H1B. Will there be any problem for I-485/I-140 as I will be leaving USA while AP is still pending. Will I have to wait till AP application decision made?
2. If AP application and H1B both are approved and I travel outside USA and use AP for reentry (as I want to avoid H1B stamping in that case), Will I loose my H1B status? What if my I-140 denied while I entered on AP? Will I be able to continue in valid status H1B as I will have H1B visa valid till 2006 or I have to lease USA and apply for a fresh H1B.

Gurus please help me as I want to file my AP this week.
Thanks in Advance
Click to expand...
 
Thank for reply!!!

If I travel while AP application is pending, from your reply it looks AP application will be voided but what will happen to I-485 application , I think I have read that I-485 will also be denied.

Could someone please reply to help me making decision?

Thanks in advance
 
It was true until few years ago, but not any more. Make sure you have your H1 B approved atleast.

Originally posted by vahope4gc
Thank for reply!!!

If I travel while AP application is pending, from your reply it looks AP application will be voided but what will happen to I-485 application , I think I have read that I-485 will also be denied.

Could someone please reply to help me making decision?

Thanks in advance
Click to expand...
 
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