Using AP while on H4

G

gc_321

Registered Users (C)
Hi,
My 6th year of H1B is getting over on 1st Dec 2004, I have applied for 7th year extension about 2 weeks back. My I 140 (RD 10/08/2003) and I 485 (RD 11/26/2003) are stiil pending. I have AP and EAD valid till June 2005. I am on H1B and would like to continue on it. My wife and son are on H4 and are planning to go to India in Nov-Dec 2004, I have a few questions..

1)If I receive H1/H4 aproval before there India visit , can they get their H4 visa stamped and use it to come back ? (my H1 won't be stamped and our last two renewals are not stamped)
2)With the currunt trend I do not think I will get the H1 papers/appoiintment in Mumbai before they leave, so in that case can they use their AP to come back and still be on H4 ? or it cancels H1/H4 ?
3)While leaving at the airport which I 94 they will surrender the expired one ? as they won't have the new valid one in hand.
4)In case I get H1/H4 renewal papers and H4 stamped in India do they still have to show/use their AP while comming (sorry I am confused with what uscis website says ..you have to have AP if I485 is pending)

Thanks in advance..
 
gc_321 said:
Hi,
My 6th year of H1B is getting over on 1st Dec 2004, I have applied for 7th year extension about 2 weeks back. My I 140 (RD 10/08/2003) and I 485 (RD 11/26/2003) are stiil pending. I have AP and EAD valid till June 2005. I am on H1B and would like to continue on it. My wife and son are on H4 and are planning to go to India in Nov-Dec 2004, I have a few questions..

1)If I receive H1/H4 aproval before there India visit , can they get their H4 visa stamped and use it to come back ? (my H1 won't be stamped and our last two renewals are not stamped)
2)With the currunt trend I do not think I will get the H1 papers/appoiintment in Mumbai before they leave, so in that case can they use their AP to come back and still be on H4 ? or it cancels H1/H4 ?
3)While leaving at the airport which I 94 they will surrender the expired one ? as they won't have the new valid one in hand.
4)In case I get H1/H4 renewal papers and H4 stamped in India do they still have to show/use their AP while comming (sorry I am confused with what uscis website says ..you have to have AP if I485 is pending)

Thanks in advance..
Click to expand...
1. If they plan to get stamped in India - send copy of your H1b approval papers.
2. They can enter on AP. This will not cancel their H1/H4 - in fact if they have AP papers - they do not need to get H4 stamped.
3. Yes they will surrender all I-94 that they have irrespective of expired or not.
4. No they need not show AP.

For pecaution - provide they with copy of 485 notice too.
 
gc_321 said:
Hi,
My 6th year of H1B is getting over on 1st Dec 2004, I have applied for 7th year extension about 2 weeks back. My I 140 (RD 10/08/2003) and I 485 (RD 11/26/2003) are stiil pending. I have AP and EAD valid till June 2005. I am on H1B and would like to continue on it. My wife and son are on H4 and are planning to go to India in Nov-Dec 2004, I have a few questions..

1)If I receive H1/H4 aproval before there India visit , can they get their H4 visa stamped and use it to come back ? (my H1 won't be stamped and our last two renewals are not stamped)
--YES
2)With the currunt trend I do not think I will get the H1 papers/appoiintment in Mumbai before they leave, so in that case can they use their AP to come back and still be on H4 ? or it cancels H1/H4 ?
--- YES the can use AP, they will not be on H4
3)While leaving at the airport which I 94 they will surrender the expired one ? as they won't have the new valid one in hand.
----- surrenderall the I-94 at Airline counter before departing US and ask for pin or staple and staple all I-94 and give it to Airline counter( make the copies of all the I-94 front and back keep at home for future refrences)
4)In case I get H1/H4 renewal papers and H4 stamped in India do they still have to show/use their AP while comming
----- if they get H4 visa no need to show AP at POE
(sorry I am confused with what uscis website says ..you have to have AP if I485 is pending)
-----one can have H1 H4 AND I-485 pending at the same time

Thanks in advance..
Click to expand...
 
Thank you Jharkhandi and ginnu ..I will ask them to use their AP to come back than going through hassle of H4 stamping ..thanks again
 
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