Urgent help needed

[akil]

I am having my I797 H1B notice and my daughter's H4 valid until Aug 2009. I am still in H1B status. I got my EAD card
and AP. Both of our AP is valid until Nov 2008. Both of our visa stamping in our passports expired.
I am planning on going to India in the last week of May 2008. I will put my daughter in
school there and I will return to U.S. in four weeks. While I come back I am going to use my AP. I am not going to go to
U.S. Consulate for visa stamping in India.
(1) If I take any airlines going via gulf countries can I transit the flight in those gulf country airports with out valid U.S Visa stamping and their countries transit visa? What about Brusells? While coming back also I will not have any valid US Visa stamping. Will that be a problem? Can I send my Indian passport to those consulate from US to get transit visa stamping?

(2) If my daughter do not like going to school in India before Nov 2008, she can use her AP to enter U.S. She is only 11 years old. Should I need to be along with her while she come back or she can come with any other U.S.Citizen adult to U.S?
(2) If she feels like coming back between Nov 2008 and Aug 2009 - AP is invalid and no visa stamping in her passport.
H4 approval notice is valid.Can I apply for AP from US? If not should I need to go back to India and get both of our visa stamping
done and get back here? I already used my AP while entering US during my return in June 2008.Can I go back and use my H1B notice to stamp H1B Visa in U.S Consulate in India?
Any help is appreciated
Thanks
Akil

 

[aaifor]

(1) If I take any airlines going via gulf countries can I transit the flight in those gulf country airports with out valid U.S Visa stamping and their countries transit visa? What about Brusells? While coming back also I will not have any valid US Visa stamping. Will that be a problem? Can I send my Indian passport to those consulate from US to get transit visa stamping?

Your statements are very confusing. First you mention a valid US visa till Aug 2009 and you spending 4 weeks after May = June 2009, so you do have valid US visa. Next you mention "without valid Visa stamping".

Anyways assuming your visa has expired by the time you are coming back, here are the points to consider for 1)

• Gulf countries are notorious for AP, their transit visa doesn't really matter coming to US but only while transiting their territory. Will they even let you on board for a US bound flight? This is a bad risk. You might want to consider Asia-Pacific route since they do not require transit visas.
• Brussels shouldn't be an issue with AP and valid transit visa
• Not sure.

(2) If my daughter do not like going to school in India before Nov 2008, she can use her AP to enter U.S. She is only 11 years old. Should I need to be along with her while she come back or she can come with any other U.S.Citizen adult to U.S?

Legally she can come by herself but an adult might be better able to answer questions at Point of Entry.

(2) If she feels like coming back between Nov 2008 and Aug 2009 - AP is invalid and no visa stamping in her passport.
H4 approval notice is valid.Can I apply for AP from US?

No you CANNOT. This has been stressed elsewhere too. AP can be applied only within US.

If not should I need to go back to India and get both of our visa stamping
done and get back here?

Yes, you would need to get your H1 stamped for her to be eligible for an H-4.

I already used my AP while entering US during my return in June 2008.Can I go back and use my H1B notice to stamp H1B Visa in U.S Consulate in India?

Yes, look at 485 ->General Issues forum to check how to maintain an H status while entering on AP.

It might be a good decision to just go an get your H1 and H4 stamped in this visit itself. This will spare you of endless stress and mental agony.

Unless you have convinced yourself that your visa will be denied because of your employer or past history, in which case, that might happen anyways when you want to bring your daughter back.

 

[akil]

Thank you so much. I have only valid I797 Approval notice - H1B notice valid until Aug 2009 not US Visa stamping.

1) If I use AP while coming back in June 2008 and if go to India in Dec 2008 can I go to US Consulate to stamp H1B in my passport?

2) Can I use AP and then H1B Visa stamping in adjecent reentry into U.S.?

3) Even though I use AP for reentry still I will hold my H1B status until I use EAD to work?

Thanks
Valli