Urgent .. Stuck in India..

J

jaysys

Registered Users (C)
Hi,
My friend is stuck in India here is his story,
He travelled to India with valid H1b ( Not Stamped) and AP. He thought to get H1B stamped, when he went to embassy for stamping they told him he needs to get some detail fingerprinting which will take 4-6 weeks. They also marked his stamped h1B Void (something similar)..
Now he has two options..
1) Wait till he finshes H1B stamping process
2) Enter on AP.
The only worry with 2nd option is since his passport is marked Void H1b, will it create any problem. Does he have to finish the process of H1B staming once he started? Or he can forget about it and enter on AP?

-Thanks
 
jaysys said:
Hi,
My friend is stuck in India here is his story,
He travelled to India with valid H1b ( Not Stamped) and AP. He thought to get H1B stamped, when he went to embassy for stamping they told him he needs to get some detail fingerprinting which will take 4-6 weeks. They also marked his stamped h1B Void (something similar)..
Now he has two options..
1) Wait till he finshes H1B stamping process
2) Enter on AP.
----- enter on AP
The only worry with 2nd option is since his passport is marked Void H1b, will it create any problem.
---NO( what is that "something similar"?) may be they wanted his name cleared from DC before new H1B stamp for security reasons, nothing wrong if he sends the page of void H1 scaned to you and you talk to good lawyer
Does he have to finish the process of H1B staming once he started? Or he can forget about it and enter on AP?
----- I will forget and use AP

-Thanks
Click to expand...
 
Thanks
"Somehitn Simialr" is "Canceled without Prejudice". He also talked to lawyer and she said it is perfectly okay for him to enter US on AP. So he will use AP and forget about H1b attempt. But it is a Flag for guys who are visiting India with tight schedule and hoping H1b Stamping to go smoothly.
-jaysys
 
A related question: If you enter on AP, then can you work without an EAD assuming your H1B petition is still valid?
 
A related question: If you enter on AP, then can you work without an EAD assuming your H1B petition is still valid? ------------ YES
 
A little more involved question: Is the following possible?

Both spouses have their own H1B, and have filed AOS and have AP. Husband is the primary applicant for the AOS and the wife is a dependent. Neither of them have EADs.

The husband enters the US on H1B but wife enters on AP (since she did not have the time to get an H1B stamp at the consulate). The wife has her own H1B petition which is valid and wishes to resume work for her employer.
 
Another related question

I am on 8th year (H1B) extension and waiting for 485 approval. Used AP for reentry on a recent trip to home country.

Now can I apply for 9th year H1 extension though I have used AP? If so will it be possible to get a H1 Visa stamp?

Thanks.
 
You must log in or register to reply here.
Top