Using AP invalidates H1 visa?

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chinj

Registered Users (C)
I am in bad situation..

I traveled India with AP, EAD when my I140&485 is pending. I too have a stamped H1 visa valid till next year. But while coming back due to some misguidance I used my AP instead of H1. at port of entry I was given a new I-94 with AOS status. Sadly after few days my I140 was denied.

Now I wonna know what are the options to change it back to H1? I am still working at the same employer and same project. I too have proof of paystubs. Does this use of AP invalidates my H1 visa? If not, I can travel out of USA and can come back with H1 visa. Please respond
 
chinj said:
I am in bad situation..

I traveled India with AP, EAD when my I140&485 is pending. I too have a stamped H1 visa valid till next year. But while coming back due to some misguidance I used my AP instead of H1. at port of entry I was given a new I-94 with AOS status. Sadly after few days my I140 was denied.

Now I wonna know what are the options to change it back to H1? I am still working at the same employer and same project. I too have proof of paystubs. Does this use of AP invalidates my H1 visa? If not, I can travel out of USA and can come back with H1 visa. Please respond
Click to expand...

Sorry to know that your I140 was denied. I guess it was denied because your I140 was not approved. I have read in various places that you could use AP at POE and continue working on H1. I am pretty sure your H1 is still valid... Contact a good lawyer, may be its not too late to appeal for I140 reconsideration.
 
Thanks

Thanks for your valuable comments. You know anyone with similar situation? We are appealing for I140 but trend says slim chances to get approvals like this.
 
chinj said:
I am in bad situation..

I traveled India with AP, EAD when my I140&485 is pending. I too have a stamped H1 visa valid till next year. But while coming back due to some misguidance I used my AP instead of H1. at port of entry I was given a new I-94 with AOS status. Sadly after few days my I140 was denied.

Now I wonna know what are the options to change it back to H1?
------ if you have H1Visa stamp go to Canada or Mexico and renter on H1 status and get newI-94 based on H1 Visa
I am still working at the same employer and same project.
-----you are on H1 status
READ:
H1, AP

http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

I too have proof of paystubs. Does this use of AP invalidates my H1 visa? If not, I can travel out of USA and can come back with H1 visa. Please respond
Click to expand...
 
Thanks Ginnu

thanks ginnu for your comments. you know any people with such situation?
 
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