Whether H1 stampling required while using AP

S

sn99

Registered Users (C)
My H1 is expiring soon and I and my spouse applied for 485, EAD and AP. Since my EAD has not come yet, my company is saying to apply for my H1 but not H4 of my spouse, saying that spouse is OK because our AP is also applied.
My question is
1. if we go to India, whether it will be OK that I use my H1 and my spouse AP or we both should return on AP.
2.If we both return on AP , do I need to get my H1 stamped in India or it is OK not to get H1 stamped.
3.If I use AP , it does not mean that my H1 invalidates. Right?
Experts pl advice.
Thanks
 
If you get AP then no need to do H1 Stamping. If not then you have to apply H1B and you have to do stamping in your passport. But it will take long time. I think you can get it from local INS, if it is more than 90 days.
 
clarification

Suppose I got the H1 extension, then I do not need to get that H1 stamped while coming back from India , if I have valid AP and I can continue to work on H1 after my return. Is this correct assumption?
 
Re: clarification

I read this forum, some body used AP then they are continuing on their H1B. I think its not a prob but If we use EAD then H1B becomes invalid.
 
1. My question is whether I can use H1 after return when I did not get it stamped while going to India and used AP to return.
I heard that H1 stamping takes time these days, so I want to use AP to return and avoid stamping process while Trip to India.
2.Will I get new I-94 if I use AP to return
 
I am working and extended H1-b after using AP. I didnt have anyproblem in extending H1-b after using AP. So it is my assumption that one can continue to work under H1-b after using AP.
You will get a new I-94 (which will say paroled until ----). But I think expiry of that paroled until date is not a problem if I485 is pending.
 
Hi
I am also in the same boat. If I have to go to India while H1 extension is pending, assuming that I have my EAD and AP approved by then do I have to withdraw my H1 extension before going to India? I have my 485/131/765 ND as 02/13/2004.


Thanks
 
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