Can I use AP if stuck on H1B stamping

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12-14-2012, 02:11 PM
PD2008AUG25

Can I use AP if stuck on H1B stamping

Apology for off-topic, please move it if it is inappropriate.

I am visiting India at end of the month. I have EAD/AP, which I am not using and on H1. I plan to go for stamping in India. My question is: If I am stuck in India for some reason (221g etc) and stamping is not successful, can I use AP to enter states?
12-14-2012, 03:11 PM
PD2008AUG25

Quote:

Originally Posted by sportsfan33

Why do you want to donate $300 to the Uncle Sam AND waste a good vacation day (and possibly more) by going to the US Consulate? The AP was given to us to avoid exactly this scenario. Use it when you have it! No point in getting the H1B stamped.

As has been discussed on this forum, you can use the AP for travel, AND resume your job on the H1B when you return back to the US. This is allowed. Your H1B status remains valid.

EDIT: If you are traveling via Europe, check with your airline if the AP will accepted on the return journey. There used to be some confusion about German and Belgian airports, but nowadays they seem to have started accepting the AP (check some trackitt threads in the AP section). Some people have gotten email confirmations from the airline representatives and they keep a copy of that email for reference in case some boneheaded officer in Europe denies you boarding citing an expired visa.

I personally avoid European airlines altogether. I haven't taken a flight via Europe for more than 5 years.

To summarize, the usage of AP is very safe, and at most you will spend a few extra minutes when you land the US in immigration. The best advice for you is simply don't bother with the H1B stamping.

Thanks for reply.

I am single and want to keep the option open for sponsoring H4. If I come back on AP and with "Pending AOS" status, I dont know if that affect my ability to sponsor H4 in future. Besides, I am eligible for interview waiver.

So, someone knows if I am on "Pending AOS" status and sponsor h4?
12-14-2012, 03:23 PM
Stemcell

[QUOTE=PD2008AUG25;32045]Thanks for reply.

'I am single and want to keep the option open for sponsoring H4'

On a lighter vein....
The 'option' is what gets men into trouble to begin with !:cool:
12-14-2012, 04:00 PM
Spectator

Quote:

Originally Posted by sportsfan33

As has been discussed on this forum, you can use the AP for travel, AND resume your job on the H1B when you return back to the US. This is allowed. Your H1B status remains valid.

This is not quite correct.

The person will be a Parolee after using AP to enter the USA and will be issued an I-94 saying so.

The failure to use EAD will not be considered Unauthorised Employment, if they they were in H1B status prior to departure and are returning to continue employment with the H1B sponsoring Employer.

That is not the same as being in H1B status. However, the H1B petition approval remains valid for future re-use.

There are ways to return to H1B status, either by leaving the USA and gaining admission using a valid H1B visa, or if an H1B extension is granted subsequent to the entry using AP. A COS is not possible, since the person was not last admitted in a valid non-immigrant status.
12-14-2012, 10:09 PM
PD2008AUG25

Quote:

Originally Posted by sportsfan33

Thanks for clarifying Spec. PD2008, as you can see, you will not be in "h1B" status, but you can continue with your H1B as if nothing changed, and you can use the same petition for a future renewal without any problem if needs be.

I see why you wanted to get a valid H1B stamped. I would say that if you are going on another trip to India for marriage, then you might visit the consulate then. You might want to keep your options open. I assume you would like to get married in 2013 because there is a chance your PD may become current. If you are married just around the same time, you might try to directly submit your wife's application for consular processing without requiring a visa for prior US entry at all. On the other hand, if your PD is not current at that time, you can always accompany your wife at the consulate and get both visas stamped at the same time.

Note that I have read on trackitt that H4 applicants are also getting 221Gs these days. So just having your own H1B stamp is not a guarantee any longer that your would-be-wife won't get a 221G when she goes there by herself. If I were you, I would try to postpone the consulate visit in future or completely avoid it (hope that the PD is current and wife's application can be submitted under CP).

Think about your options and plan accordingly.

Thanks Sports. I am going to take lawyers advice and get some answers.
02-14-2013, 01:05 PM
PD2008AUG25

Just to tell forum the final update: Lawyer said as long as they give your passport back with 221g, you can come back on AP.

In the end, Interview waiver worked out quite well for me. Got stamped passport back in 4 business days. Only documents submitted with passport were copy of I-797 and drop box confirmation letter.
02-14-2013, 01:39 PM
bvsamrat

That is great news about interview waiver
The Canadian and Mexican tourism might get hit with this as many will be bold enough to try Indian option also

Quote:

Originally Posted by PD2008AUG25

Just to tell forum the final update: Lawyer said as long as they give your passport back with 221g, you can come back on AP.

In the end, Interview waiver worked out quite well for me. Got stamped passport back in 4 business days. Only documents submitted with passport were copy of I-797 and drop box confirmation letter.