Visit To India

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naga_v

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Visit To India (Please help)

Here is my situation. My company filed for my I140 in January 2004 and it is not yet approved nor did my company received any RFE's. They also filed for my I485/EAD/AP in the month of April, 2004 and I received the EAD's and the AP's which are valid till June, 2005.

I have a valid H1 which will expire on August, 2005. I did not file for 7th year extension, as my company said they will do two months before it expires. And on the passport I have my visa stamped till December,2004.

Now I am planning to go to India some where in June, 2005 and come back probably in July, 2005. Now what are my options.

1. Should I reapply for my AP (i.e. 2nd extension) and use that to come back. If I come back using the AP will my H1 be valid. If H1 is valid can I apply for my 7th year extension. If I apply for 7th year extension what will happen to my passport stamping.

or

2. Should I get my Visa stamped in India using my H1B which is valid till August,2005. Will there be any problem getting my visa stamped as my visa will be expiring with in one month from the date of departure. Later on I can apply for the 7th year extension.


Thanks in advance for your responses.
---------------------
Naga
I140 (EB3 Substitution):- RD:01/20/2004,LUD:10/27/2004,11/11/2004
I485:- RD:04/23/2004,LUD:10/26/2004,10/28/2004
 
Last edited by a moderator:
Can you elaborate on why you are considering the hassle of a 7th year H1 extension when your EAD / AP renewal should be very straightforward.
 
naga_v said:
Here is my situation. My company filed for my I140 in January 2004 and it is not yet approved nor did my company received any RFE's. They also filed for my I485/EAD/AP in the month of April, 2004 and I received the EAD's and the AP's which are valid till June, 2005.

I have a valid H1 which will expire on August, 2005. I did not file for 7th year extension, as my company said they will do two months before it expires. And on the passport I have my visa stamped till December,2004.

Now I am planning to go to India some where in June, 2005 and come back probably in July, 2005. Now what are my options.

1. Should I reapply for my AP (i.e. 2nd extension) and use that to come back. If I come back using the AP will my H1 be valid. If H1 is valid can I apply for my 7th year extension. If I apply for 7th year extension what will happen to my passport stamping. ------ YES. Using AP will not nullify H1-B status using EAD will.
or

2. Should I get my Visa stamped in India using my H1B which is valid till August,2005. Will there be any problem getting my visa stamped as my visa will be expiring with in one month from the date of departure. Later on I can apply for the 7th year extension. I don't think they will give stamping for just 6mos. Apply for 7th year at least till you get your I-140 cleared.

Thanks in advance for your responses.
---------------------
Naga
I140 (EB3 Substitution):- RD:01/20/2004,LUD:10/27/2004,11/11/2004
I485:- RD:04/23/2004,LUD:10/26/2004,10/28/2004
Click to expand...
 
Only fear is if my I140 might be denied. I filed based on a substite labor which is for engineering in electrical,civil or electronics, but mine is mechanical engg. I have my own labor still pending. If I use AP then can I still file for my 7th year extension since my own labor application is still pending?
 
naga_v said:
Here is my situation. My company filed for my I140 in January 2004 and it is not yet approved nor did my company received any RFE's. They also filed for my I485/EAD/AP in the month of April, 2004 and I received the EAD's and the AP's which are valid till June, 2005.

I have a valid H1 which will expire on August, 2005. I did not file for 7th year extension, as my company said they will do two months before it expires. And on the passport I have my visa stamped till December,2004.

Now I am planning to go to India some where in June, 2005 and come back probably in July, 2005. Now what are my options.

1. Should I reapply for my AP (i.e. 2nd extension) and use that to come back. If I come back using the AP will my H1 be valid. If H1 is valid can I apply for my 7th year extension. If I apply for 7th year extension what will happen to my passport stamping.

or

2. Should I get my Visa stamped in India using my H1B which is valid till August,2005. Will there be any problem getting my visa stamped as my visa will be expiring with in one month from the date of departure. Later on I can apply for the 7th year extension.


Thanks in advance for your responses.
---------------------
Naga
I140 (EB3 Substitution):- RD:01/20/2004,LUD:10/27/2004,11/11/2004
I485:- RD:04/23/2004,LUD:10/26/2004,10/28/2004
Click to expand...
 
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