URGENT- Please comment.

A

a_a

Registered Users (C)
Experts,

I am working on H1 B (approval valid till April, 2005) and the H1 stamp is expired(Jan, 2004) in my passport. My 485 is pending and I also have an AP valid till July, 2005.

I am going to India tomorrow and coming back in three weeks, I've been able to secure an appointment to get H1 stamped. My question is should I enter back on AP as the AP is valid till July, 2005 and would get me an I-94 with a validity of one year from date of entry or Should I go to the consulate in India and get the H1 stamped and enter back on H1 which'll get me an I-94 valid till April, 2005. My employer plans to file an extension for H1 once I come back and I checked with the lawyer and she says that we could file for an extension even if I enter back on AP. When I asked which route to go.... she didn't comment? Please help with your expert advice. Thanks.
 
If u have completed your 6 yrs on H1 it might make more sense using AP and EAD. U havent made a mention that u have an EAD. This is needed in case u decide not to get you H1 stamping done and continue working. H1 extnsion helps when u have a 485 pending and have a couple of years remaining on it. Towards the fag end of a H1 term doesnt help all that much. Its just my 2 cents.

Cheers

Tanjar
 
tanjar said:
If u have completed your 6 yrs on H1 it might make more sense using AP and EAD. U havent made a mention that u have an EAD. This is needed in case u decide not to get you H1 stamping done and continue working. H1 extnsion helps when u have a 485 pending and have a couple of years remaining on it. Towards the fag end of a H1 term doesnt help all that much. Its just my 2 cents.

Cheers

Tanjar
Click to expand...
Thanks for your reply Tanjar.
I have 3 more years remaining on H1 till Jan, 2007.
Also I have an EAD, but If I enter using AP and still have a valid H1 (approval but no stamp) do I still need to use EAD to work?
 
a_a said:
Thanks for your reply Tanjar.
I have 3 more years remaining on H1 till Jan, 2007.
Also I have an EAD, but If I enter using AP and still have a valid H1 (approval but no stamp) do I still need to use EAD to work?
Click to expand...


No, you can use AP to enter and still continue working on H1.

H1 becomes invalid only if you use EAD.
 
desi_ma said:
once you use your AP , H-1 is gone..You will be on your EAD from then on
Click to expand...


No, that is an incorrect statement, my friend.

H1 and AP have NOTHING to do with each other. One is a travel document and the other is a work document.

I myself, personally, have entered US using AP and continued working on my H1. I did not use my EAD and my H1 stamp had expired.
 
a_a said:
Experts,

I am working on H1 B (approval valid till April, 2005) and the H1 stamp is expired(Jan, 2004) in my passport. My 485 is pending and I also have an AP valid till July, 2005.

I am going to India tomorrow and coming back in three weeks, I've been able to secure an appointment to get H1 stamped. My question is should I enter back on AP as the AP is valid till July, 2005 and would get me an I-94 with a validity of one year from date of entry or Should I go to the consulate in India and get the H1 stamped and enter back on H1 which'll get me an I-94 valid till April, 2005. My employer plans to file an extension for H1 once I come back and I checked with the lawyer and she says that we could file for an extension even if I enter back on AP. When I asked which route to go.... she didn't comment? Please help with your expert advice. Thanks.
Click to expand...
I would suggest that when you enter you use your H1B. as far as I-94 is concerned, when your extension will be approved, you will also get a new extended I-94. So it does not matter.
 
Inwood said:
Hi LC_Virginia,

I think Desi_ma's statement is right. At least it's what my lawyer also told me.

Here is an interesting short article about EAD/AP Vs. H1 Visa:
http://www.immihelp.com/gc/aos/eadap_h1.html

Inwood.-
Click to expand...

LC_Virginia is correct, AP and H1 are independent. Now, the EAD/H1 relationship is a different story, as soon as one uses an EAD, it interrupts the H1 status.
 
IMHO, if a person uses EAD or AP (a GC applicant benefit) it will automatically invalidate H1 status, and put that person into AOS status from that very moment.... and one may kiss goodbye H1 visa.
 
GCG said:
IMHO, if a person uses EAD or AP (a GC applicant benefit) it will automatically invalidate H1 status, and put that person into AOS status from that very moment.... and one may kiss goodbye H1 visa.
Click to expand...

Thats not correct. I entered on AP. Had my H1-B extension approval notice.
I gave my AP and told the officer at POE that I wanted to be on H1-B and he gave me an I-94 which was until the date of H1-B. He did not write ADJ Applicant or AOS on my I-94 or my passport he put H1-B pursuant to some INA section number as listed on the AP. So I was on H1 status not AOS.
 
Please look at this thread and related threads.

http://immigrationportal.com/showthread.php?t=146807

Please do not post information you are not sure of. Please do not quote your lawyers, since many of them (including my own attorney) wrongly assume that use of AP invalidates H1.

USING AP WILL NOT INVALIDATE H1.

USING EAD WILL INVALIDATE H1.


There have been several discussions on this topic and a simple search will show the results. Each time, the conclusion has been the same. Also, please look at the memo posted by Jharkhandi in the thread above.

LC_Virginia.
 
Thank you.

Thank you all for replying to my post.
I checked with my lawyer and she said that even after entering back using AP I could extend my h1 status (current approval valid till April, 2005 and stamp expired Jan, 2004).
I plan to do what Hathwar did and present both the AP and the H1 approval notice at POE and let the officer decide. I'll post my experience on this thread.

So there is no real benefit of getting h1 stamped from the consulate in India?
Despite the appointment I wanted to avoid it as I've read others experiences elsewhere where it took them more than 6 weeks to get the stamped passport back.
 
You must log in or register to reply here.
Top