traveling on AP and/or H1-B
How difficult will it be to travel on AP? Also if someone has a valid H1B stamp on the passport , can he/she re-enter USA on the same H1-B visa or need to re-enter on AP only in a situaion when I-485 is pending? If the primary applicant is re entering using the valid H1-B, can his/her spouse and children can re enter using the AP? Anyone sharing their experience will be highly appreciated. Also what is the recommended advise for traveling to Nepal? Carry both AP and valid H1-B visa or only stamped H1-B visa should work without having any negative impact on the existing GC (I-485) processing?
Thanks,
There are TONS of forums in which you will find a lot related information. Google it. My suggestion: if you have valid H1B stamp on your passport, use H1B. But, it doesn't matter if you use AP. Using AP to re-enter is the easiest option. All you have to do is just hand in your passport and AP and they won't even ask u a single question. You can still continue/extend working your H1B even if you're paroled using AP. You can use AP for your spouse/children as well. No problem at all!
i carried everything (ap, i485 reciept, etc) but they didnt ask anything,,, just H1-B visa stamp is enough....
actually AP is no longer useful while reentering US....
i m not sure about the family...
i guess your GC is on the way
if you are still in H1-B status,,,
how do you plan to extend it for next 3 yrs?...
or did you already did that?..
if you like to share your experience...( i was wondering if i can apply for H1-B extension without using my lawyer...)
i will appreciate..
thanks
Bigg05, one can extend H1-B for 6 years but beyond that it can be extended if one has an approved I-140 but the I-485 is not approved yet or the GC has not yet approved.
i know we can extend h1-b for 6 years,
but i want to do it on my own or with minimum fee,
my lawyer is asking $2000 again, just for extension...
I was wondering if we can do paper work for H1-B extension without using lawyer..
any idea?
thanks
Biggs05 to the best of my knowledge one can not do their H1B on their own. So your employer has to do it for you. Regarding getting the lawyer or not , I believe if your employer is willing sign everything then it is your decision but having lawyer is safe just incase or to reply to any RFEs.This just my personal thought and someone one this forum can share their experience.
Also I was wondering after fling the I-485 , if one re enters using AP, can that person continue to work on existing H1-B or have to start working on EAD or need to file anything else with immigration before starting work with same employer who filed the H1-B? In your case what you did?
Last edited: 22-Jan-08 10:18 PM
Hello,
I am in a similar situation. I have the EAD and the AP. However, my employer does not want to extend my H-1B as I can use my EAD to work. Has anyone traveled outside the US and back with the expired H-1B but with valid EAD and the AP? Will I have any problem entering with expired visa as long as I have these two documents. What will my status be when my H1-B is expired?
Any help is highly appreciated.
Last edited: 22-Jan-08 10:36 PM
manas,
as long as you have valid h1-B, you dont need to worry..ap is just for re-entering purpose only,,,EAD is valid for 1 year only (after that you have to renew it if you want to use that), if you are with the same employer then you can use either EAD or H1-B,, my lawyer said,,usingH1-B has several advantages,
1. you can invite your wife/dependent in H1-B,
2. you can travel outside US.
3. in case you loose/change job, you can transfer H1-B to new employer. (if you have EAD you cant do that, you have to leave country within certain period..that will be similar to OPT)
my experience,,,, if your job is safe till your GC is approved,,,dont apply for EAD or AP..
H1-B stamp is enough....
nicknath...
if your H1-B is going to expire, its safe/better to renew H1-B, you can work with EAD too (which also have to renew every year tilll your GC get approved, in current situation another 5-6 yrs if you are in EB3)...but better use H1-B.
sounds like i have to use my lawyer again..
pheri 2 hajaar chuna lagney bho.....
manas,
as long as you have valid h1-B, you dont need to worry..ap is just for re-entering purpose only,,,EAD is valid for 1 year only (after that you have to renew it if you want to use that), if you are with the same employer then you can use either EAD or H1-B,, my lawyer said,,usingH1-B has several advantages,
1. you can invite your wife/dependent in H1-B,
2. you can travel outside US.
3. in case you loose/change job, you can transfer H1-B to new employer. (if you have EAD you cant do that, you have to leave country within certain period..that will be similar to OPT)
my experience,,,, if your job is safe till your GC is approved,,,dont apply for EAD or AP..
H1-B stamp is enough....
nicknath...
if your H1-B is going to expire, its safe/better to renew H1-B, you can work with EAD too (which also have to renew every year tilll your GC get approved, in current situation another 5-6 yrs if you are in EB3)...but better use H1-B.
sounds like i have to use my lawyer again..
pheri 2 hajaar plus chuna lagney bho.....
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