Urgent help on AP/H1B

V

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
 
1. No problem in entering on H1B just remember to carry your original 485 receipt with you and show it to the immigration officer. Unless you plan to travel on your AP you don't need to wait while it is pending.
2. Usage of AP does not invalidate H1. You can continue on H1 status. In case you 140 is denied then you continue on H1 receipt.
 
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