use of AP and H1b

S

skusa

Registered Users (C)
I am on H1b though donot have it stamped on passport. during India visit I am planning on going to US consulate at mumbai and get visa stamped but in the case of any problem with visa stamping, I have AP approved which can be used.
my question is if I used AP then will it invalidate the H1b status?if not then if I use AP, then is it possible to do H1b-H1b transfer taking advantage of AC11?

pl help
thanks
 
I am on H1b though donot have it stamped on passport. during India visit I am planning on going to US consulate at mumbai and get visa stamped but in the case of any problem with visa stamping, I have AP approved which can be used.
my question is if I used AP then will it invalidate the H1b status?if not then if I use AP, then is it possible to do H1b-H1b transfer taking advantage of AC11?
-----1 you can get H1 visa stamp in Bombay
OR

---2 you can enter with AP after entry on AP you will be on H1 with your employer if you have not used EAD or use EAD, by entering on AP you can also do H1 transfer but it is much better to get H1 visa stamp and get I-94 as H1 status
Read:
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm

http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
 
thanks so much for the reply.

Do you know if there is any trouble in visa stamping at mumbai consulate especially with I-485 pending? in theH1b visa application there is a column- have you applied for immigration petition? so if I say yes will that creat any problem and seems like now all visas have interview. my earlier US visa I got it from paris.
 
Do you know if there is any trouble in visa stamping at mumbai consulate especially with I-485 pending?
----- I don’t see any problem getting H1 b visa from Bombay, keep your employer letter H1 notice, I-129 and LCA certified by lawyer, recent bank statements, Pay stubs and other documents, pending I-485 has nothing to do with H1 stamping H Visa has dual intent
in theH1b visa application there is a column- have you applied for immigration petition?
------- you have to write YES, because I-140 is the immigration petition and that was filed for you
so if I say yes will that create any problem and seems like now all visas have interview.
------ Writing YES will not create any problems H, L, O visa have dual intent and you can get h1 Visa stamp when AOS( I-485) filed or I-140 has been filed

-- you may have to attend interview( new rules)
 
What if H1 is rejected for any un-seen reason, can the person still re-enter on AP? His status will still be H1-b then?
 
My lawyer said it's OK to continue H1B, but then she took it back citing conflict comments several different atterney.
 
"What if H1 is rejected for any un-seen reason, can the person still re-enter on AP? His status will still be H1-b then?"

What if H1 is rejected for any un-seen reason, can the person still re-enter on AP? His status will still be H1-b then?
---------- Depends on the reason for rejection, if you supplied fake documents for H1 (many did this in Chennai to get H1 and others are facing the problems of there Chennai people) then you have a concern and they give you the reason for rejection, you should be able to get H1 visa by providing them the evidence that they need. If it is not a fraud case then one can enter on AP and will be on H1 status if does not use EAD and working with his employer after entry on H 1 status and maintains H1 status
there is no "un-seen" reason they have reason to reject H1 stamp and provide you the reason
 
I have a slightly different situation. It will be great to see everybody's opinion in regard to this:

I am from a SR country. Now i can apply for the H1B from either Canada or my country. It takes somewhere between 3 weeks to 16 weeks to get H1B approved (security check). As I can not get such a long vacation from my company, I am thinking whether I can get back to USA using AP while my H1B application is pending with US embassy either in Canada or my country. Once the embassy says they approve my visa, I will go back and get it from the embassy. Please note that I am working with the same company. I am trying to keep my H1B status so that I can get married and bring my wife here on H4.

I am really concerend whether this is possible? Thanks a lot for the response.
 
Well it is possible that my H1 can be rejected because i missed to provide a document or two that they needed.
I mean I know there is a list of documents that the consulate needs while applying for H1, but doesn't every consulate require seperate and/or special documents?
For example Consulates in Canada require a certain set of documents, is it the same set that the consulate in Bombay will require? if so, where can I find that list of documents.
Thanks
 
muntasir,
do u mean to say that it takes 3 to 16 weeks to get H1 stamped? Dont u have to submit ur passport that time?
 
muntasir,
do u mean to say that it takes 3 to 16 weeks to get H1 stamped? Dont u have to submit ur passport that time?
 
As it takes between 3 to 16 weeks to get the security clearence, the US ocnsulate normally give you the passport back.
 
Originally posted by muntasir
As it takes between 3 to 16 weeks to get the security clearence, the US ocnsulate normally give you the passport back.
Click to expand...

In that case, ur idea seems feasible. But, i dont know if there will be any consequences. Try getting othres input on this - also ur lawyer.
 
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