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sixburgh
08-04-2010, 08:17 AM
I thought that I will share my recent experience.

I arrived in USA in 2003 on a L1 visa.
It was expiring soon, but instead of renewing, because of fear of denial, my company converted me to H1 using premium processing.
Department of state was going to close the VISA revalidation process, so in 2004 I sent my passport to them and got a h1 Stamp (within the USA).
I changed my employer later using H1 transfer and they kept renewing my H1 petition.
My new employer also started my GC processing and in Jul 2007 I applied for my 485 along with wife's.
Since then I have been working with the same employer on EAD.
After a long time I wanted to visit India, so applied and got my AP.
Although I had my AP, I wanted to visit India, get an h1 stamp and reenter on H1.
This is because EAD is taking too long for renewal.
I went to India, visited Mumbai Consulate, they did not ask me a single document.
They understood that I was asking for a stamp after 7 years, so they asked me "so your GC process is ON huh?". I said, "Yup".
No other questions asked.
I got my h1 stamp in 2-3 days.
Planning to reenter USA on that stamp.
Once I return my company will switch me from EAD to H1.
Hopefully EAD will arrive after that.
I will just keep that handy.
If I move to another employer, I will have a choice, use H1 or EAD.
I am keeping my H1 for the only reason, that if 485 gets rejected for any stupid reasons, I will have a way to fall back on something.
I have a house and a small kid born in the USA, don't want to have ANY illegal status, even for a day.
Wife will continue to work on EAD.
H1 is valid for 3 years, so I can travel to and fro USA to other countries with much more ease than the AP.
Plus I don't have to pay the crazy AP fees each time.
Please do comment if you find this information useful or any issues in my plans stated above.
I will update this post when I arrive back in USA.

Update : 8/12/2010
I entered USA on H1 through IAD airport with ZERO questions asked.

CRAZYMONK
08-04-2010, 09:38 AM
Congrats for the painless Visa stamping.

If you are on EAD before leaving US, you better to continue the same status. Their might be a situation for USCIS considering giving up your AOS, if you enter US on H1b while you were on EAD before leaving US.

sixburgh
08-04-2010, 10:04 AM
Congrats for the painless Visa stamping.

If you are on EAD before leaving US, you better to continue the same status. Their might be a situation for USCIS considering giving up your AOS, if you enter US on H1b while you were on EAD before leaving US.

Are you saying that

I should use my AP to enter the USA and not the H1?
And then ofcourse I will have to continue using EAD.

OR are you saying?

I should enter on H1, but use EAD ?
Wont that invalidate my H1 stamp for any future use?

Secondly, Arent the h1 and l1 visa holders allowed to have dual intent?
Why would they reject my 485, just because I used an H1 to re-enter?
I have seen posts on this site where people have entered back on H1 despite 485 pending.

Can someone clarify and help on my situation ?

sixburgh
08-04-2010, 10:10 AM
The following has been extracted from H1-B is still valid with AP entry US? - Yahoo! Answers (http://answers.yahoo.com/question/index?qid=20071214234832AA7fOR3)


Normally, an alien who has filed for Adjustment of Status in the US must apply for Advanced Parole and use the Advanced Parole to come back to the US in order to keep his / her Adjustment of Status application pending.

H-1 and L-1 holders are the only exceptions to this rule.

Aliens in H-1B status who have a pending Adjustment of Status application do not need to apply for Advance Parole to go abroad if they fulfill certain conditions. As long as the H-1 B visa holder maintains his/her H-1 B status before leaving the U.S., he/she may apply for an H-1B visa to re-enter the U.S. to work for his / her H-1B sponsoring employer after his/her travel abroad.

When he/she comes back with a valid H-1B visa to continue to work for his/her H-1B sponsoring employer, he/she does not need to be paroled. Rather he/she can be admitted under H 1B status as long as they're still employed by the H-1B petitioner.

If they choose to be paroled, then they are not H-1B anymore, and if they had dependents, those dependents cannot be H-4's anymore. It's your choice. Use the valid visa if you're still with the petitioner or use the parole. If you are paroled into the U.S., you will need an EAD to work.

kumar1
08-04-2010, 10:12 AM
Myht 1: If I-485 gets denied I have H1-B to as a back up.

Think of this - you get AP and EAD based on pending I-485. Similarly, you get H1-B extension beyond 6 years based on your pending green card process. Once your I-485 is denied, your AP, EAD and extended H-1, all are gone at once. Yes, extended H1-B is no longer valid after that. You simply can not fall back on that.

Myth2 : I want to continue on H1-B even after getting EAD, I feel safer.

Think again. Suppose you came to the US in 2004. In 2007 during the visa gate scandal, you filed your I-485 and got EAD. At that point of time, you had two options. You could have continued H1-B or changed over to EAD. Person A changed to EAD. Well, once he changed to EAD his clock of "Time spent on H1-B" stops right there. Come 2010, if his I-485 gets denied, he still has 3 years of H1-B left and he can use it till 2013.

Person B decided to continue using H1-B after 2007 and kept his EAD as backup. Same thing happened, his I-485 got rejected in 2010. He can not go back to H1-B. He has utilized H1-B for all 6 years and he can not get it extended without going out of the US for one year.

So by keep EAD for "in case I-485 goes south" and using H1-B, you are killing your options. If someone has a choice between EAD and H1-B, he should use EAD.

Gurus.....any comments?

sixburgh
08-04-2010, 10:26 AM
@kumar1: you probably are right about the Myths....

Hmmm ... I am worried now that my H1 stamping was a waste....

Let me ask you this : why did they even grant me the h1 approval i797 form? Even when they know that my 485 is pending?
Also at the Consulate they gave me a stamp, despite knowing that my GC process is ON.

All that tells me that USCIS and DOS allows this dual intent.

Any more thoughts from the Gurus?

GeetaRam
08-04-2010, 11:08 AM
I am not sure about AP weather it gets canceled or what but I think you did a wise thing cos even if your 485 gets rejected you loose ur EAD and AP but based on your approved I-140 you can keep on getting H1 extension for 3 years. So H1 is much safer than EAD.
regarding AP thing consult with your attorney

GC_1000Watt
08-04-2010, 12:48 PM
I thought that I will share my recent experience.

I arrived in USA in 2003 on a L1 visa.
It was expiring soon, but instead of renewing, because of fear of denial, my company converted me to H1 using premium processing.
Department of state was going to close the VISA revalidation process, so in 2004 I sent my passport to them and got a h1 Stamp (within the USA).
I changed my employer later using H1 transfer and they kept renewing my H1 petition.
My new employer also started my GC processing and in Jul 2007 I applied for my 485 along with wife's.
Since then I have been working with the same employer on EAD.
After a long time I wanted to visit India, so applied and got my AP.
Although I had my AP, I wanted to visit India, get an h1 stamp and reenter on H1.
This is because EAD is taking too long for renewal.
I went to India, visited Mumbai Consulate, they did not ask me a single document.
They understood that I was asking for a stamp after 7 years, so they asked me "so your GC process is ON huh?". I said, "Yup".
No other questions asked.
I got my h1 stamp in 2-3 days.
Planning to reenter USA on that stamp.
Once I return my company will switch me from EAD to H1.
Hopefully EAD will arrive after that.
I will just keep that handy.
If I move to another employer, I will have a choice, use H1 or EAD.
I am keeping my H1 for the only reason, that if 485 gets rejected for any stupid reasons, I will have a way to fall back on something.
I have a house and a small kid born in the USA, don't want to have ANY illegal status, even for a day.
Wife will continue to work on EAD.
H1 is valid for 3 years, so I can travel to and fro USA to other countries with much more ease than the AP.
Plus I don't have to pay the crazy AP fees each time.
Please do comment if you find this information useful or any issues in my plans stated above.
I will update this post when I arrive back in USA.

Thanks for sharing your experience. Please let us know where did you get your stamping and also what questions and documents were asked?

Thanks.

sixburgh
08-04-2010, 01:00 PM
Thanks for sharing your experience. Please let us know where did you get your stamping and also what questions and documents were asked?

Thanks.

Mumbai consulate.
They asked for zero documents.
I had taken a ton of documents
Salary slips
Tax returns
I129 petition copy
H1 approval
Name it I had it

But he asked me nothing

acecupid
08-04-2010, 01:08 PM
Mumbai consulate.
They asked for zero documents.
I had taken a ton of documents
Salary slips
Tax returns
I129 petition copy
H1 approval
Name it I had it

But he asked me nothing

Does mumbai consulate still require you to submit documents in advance (4-5 days) of the interview date ?

sixburgh
08-04-2010, 01:13 PM
Does mumbai consulate still require you to submit documents in advance (4-5 days) of the interview date ?

Yes

sanju_dba
08-04-2010, 01:19 PM
Kumar1,
where can i validate this
"Yes, extended H1-B is no longer valid after that. You simply can not fall back on that."
My attorney said, h1 will last till its expiration but cannot be renewed after 485 denial.

GC_1000Watt
08-04-2010, 01:36 PM
Mumbai consulate.
They asked for zero documents.
I had taken a ton of documents
Salary slips
Tax returns
I129 petition copy
H1 approval
Name it I had it

But he asked me nothing

And did you also hand submitted $19 demand draft for the difference in new and old fee (assuming you filed $131 visa fee before June 4th)?
If yes, then were there any concerns regarding that? Please share.

sixburgh
08-04-2010, 10:24 PM
And did you also hand submitted $19 demand draft for the difference in new and old fee (assuming you filed $131 visa fee before June 4th)?
If yes, then were there any concerns regarding that? Please share.

The company I work for in USA has a India Office.
That office paid the exact NEW fees through HDFC.
They then couriered the HDFC receipts to my home in India.
I arrived in my city.
Went to VFS office, submitted the required doc's.
They created the courier package which is used to send the passport back.
After few days I went to the US consulate as per my scheduled appointment.
I use the VFS lounge service which helps because I had luggage etc.
It was quite a smooth process in Mumbai, except that it took 2 hours of waiting.
My 9:30 appt actually happened at 11:45.....

But yes, there were many many people who had demand draft's in their hand, either of full fees or the difference.....

bestoption
08-04-2010, 10:27 PM
H1B is a fallback in case I485 is denied. Kumar - you may need to check with your attorneys or an independant attorney on immigration law.

aniraj
08-05-2010, 12:39 AM
I have question on comments from Kumar1
If 485 is denied does it mean your 140 approval is no longer valid?
I was always under the impression that I140 is a petition for immigration filed by the employer for the beneficiary while 485 is adjustment of status filed by the beneficiary on his/her own behalf.
If 140 approval does not remain valid then I agree with Kumar1 but if 140 remains valid then I guess the renewed H1B also should be valid as it is renewed on the basis of approved 140.

Can anyone throw some light on this?.... senior members..gurus..??

sixburgh
08-05-2010, 03:40 PM
I spoke to our immigration lawyer today.
He said that entering on h1 while I have a pending 485 does not affect the 485 in anyway.
He advised that I enter on h1 even if I have the AP.

frostrated
08-05-2010, 04:43 PM
Myht 1: If I-485 gets denied I have H1-B to as a back up.

Think of this - you get AP and EAD based on pending I-485. Similarly, you get H1-B extension beyond 6 years based on your pending green card process. Once your I-485 is denied, your AP, EAD and extended H-1, all are gone at once. Yes, extended H1-B is no longer valid after that. You simply can not fall back on that.

Myth2 : I want to continue on H1-B even after getting EAD, I feel safer.

Think again. Suppose you came to the US in 2004. In 2007 during the visa gate scandal, you filed your I-485 and got EAD. At that point of time, you had two options. You could have continued H1-B or changed over to EAD. Person A changed to EAD. Well, once he changed to EAD his clock of "Time spent on H1-B" stops right there. Come 2010, if his I-485 gets denied, he still has 3 years of H1-B left and he can use it till 2013.

Person B decided to continue using H1-B after 2007 and kept his EAD as backup. Same thing happened, his I-485 got rejected in 2010. He can not go back to H1-B. He has utilized H1-B for all 6 years and he can not get it extended without going out of the US for one year.

So by keep EAD for "in case I-485 goes south" and using H1-B, you are killing your options. If someone has a choice between EAD and H1-B, he should use EAD.

Gurus.....any comments?

Answer to Myth1: If your 485 gets denied, you CAN fall back on your H1, provided you are still working for the H1 sponsor and your H1 has not expired. If your 485 is denied, then your EAD cannot be renewed but is valid to its expiry. Your AP on the other hand is no longer valid as it depends on the 485 for survival - Immigration will check your 485 status during secondary screening. H1 is standalone and does not depend on 485 status.

Answer to Myth2: You can keep EAD as backup to change employer or even work for current employer. Your H1 extension is based on 140 approval and not 485. If your 140 is revoked, you cannot extend your H1, unless you have an approved 140 with another employer.

sanju_dba
08-05-2010, 04:44 PM
I have question on comments from Kumar1
If 485 is denied does it mean your 140 approval is no longer valid?
I was always under the impression that I140 is a petition for immigration filed by the employer for the beneficiary while 485 is adjustment of status filed by the beneficiary on his/her own behalf.
If 140 approval does not remain valid then I agree with Kumar1 but if 140 remains valid then I guess the renewed H1B also should be valid as it is renewed on the basis of approved 140.

Can anyone throw some light on this?.... senior members..gurus..??

H1B extension beyond 6years is based on AOS Pending status ( you may have i-140 not approved yet ? ) ,

frostrated
08-05-2010, 04:44 PM
I spoke to our immigration lawyer today.
He said that entering on h1 while I have a pending 485 does not affect the 485 in anyway.
He advised that I enter on h1 even if I have the AP.

you can enter on H1. There is no issue with it.

GC_1000Watt
08-05-2010, 04:45 PM
The company I work for in USA has a India Office.
That office paid the exact NEW fees through HDFC.
They then couriered the HDFC receipts to my home in India.
I arrived in my city.
Went to VFS office, submitted the required doc's.
They created the courier package which is used to send the passport back.
After few days I went to the US consulate as per my scheduled appointment.
I use the VFS lounge service which helps because I had luggage etc.
It was quite a smooth process in Mumbai, except that it took 2 hours of waiting.
My 9:30 appt actually happened at 11:45.....

But yes, there were many many people who had demand draft's in their hand, either of full fees or the difference.....

Thanks man!
Did you stay in nearby hotel to consulate? If yes please share name.

sixburgh
08-06-2010, 02:26 AM
Thanks man!
Did you stay in nearby hotel to consulate? If yes please share name.

No I stayed with a relative in thane who dropped me to vfs in Mumbai. I did not want to trouble them, but my backup plan was to check into a hotel the earlier night. A search on google "us consulate mumbai hotel" does reveal the hotels in Mumbai. It does appear that there is no hotel in the area, most are 4-5 kms away so u do have to take a taxi too.

sixburgh
08-06-2010, 02:31 AM
Thanks man!
Did you stay in nearby hotel to consulate? If yes please share name.

See this link
US Consulate - Mumbai, India (http://www..com/immigration/us-consulate-mumbai.html)

sixburgh
08-13-2010, 11:07 AM
Writing here, just to close this thread.

I got my H1 stamp in India.
Entered on H1 through Washington Dulles Airport, with ZERO issues.