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View Full Version : H1b will expire and no stampin, EAD not yet applied, can one come back using AP alone


gcdreamer05
11-04-2008, 03:57 PM
Hi folks,

My h1b will expire in 2 months, i am with my same employer and have not applied for EAD, i did apply for 485 which is pending for 1+ year. After i come back from vacation i will be with same employer on same h1b (approved 797 but no stamp in passport).

My question is, i am going to india on a short trip and will try to get stamping, but if there is any PIMS delay or some problem that i could not get stamped, can i apply for Advance Parole now.

Has anyone returned back to US without a stamped h1b visa, having approved 797 and with a AP (no EAD).

Also the attorney is askign for 400$ filing fees, if i file by myself , will there be any problem because i had signed G28 form making my attorney to represent me for my 485 filing.

Please share your thoughts.

Thanks

LostInGCProcess
11-04-2008, 06:45 PM
Hi folks,

My h1b will expire in 2 months, i am with my same employer and have not applied for EAD, i did apply for 485 which is pending for 1+ year. After i come back from vacation i will be with same employer on same h1b (approved 797 but no stamp in passport).

My question is, i am going to india on a short trip and will try to get stamping, but if there is any PIMS delay or some problem that i could not get stamped, can i apply for Advance Parole now.

Has anyone returned back to US without a stamped h1b visa, having approved 797 and with a AP (no EAD).

Also the attorney is askign for 400$ filing fees, if i file by myself , will there be any problem because i had signed G28 form making my attorney to represent me for my 485 filing.


1. AP is a travel document and can be used to re-enter US. You can continue to work on H1 with the current employer even though you may have used AP to enter the US.

2. You can apply yourself. If you do a search on this forum for "how to apply AP", you would get lot of information, and step-by-step instruction for applying AP. Its easy and you don't need an attorney for that. In your case the G28 is only for your I-485, since you applied only I-485 thru an attorney.
And each AP or EAD is a new application to USCIS and if you don't submit G28, you essentially are not being represented by anybody, for that particular application.

3. The time frame to get an AP is now around 5 months...i may be wrong, but that an average.

4. You cannot leave the country once you apply your AP, until its approved and received by you.

gcdreamer05
11-05-2008, 11:35 AM
Thanks LostInGCProcess, should i wait to get my current h1b extension approved or shall i go ahead to apply for AP just showng the pendign h1 extension receipt, or does it really not matter at all.

LostInGCProcess
11-05-2008, 11:47 AM
Thanks LostInGCProcess, should i wait to get my current h1b extension approved or shall i go ahead to apply for AP just showng the pendign h1 extension receipt, or does it really not matter at all.

Yes you can apply AP, as long as you have filed your I-485 and is pending. It has nothing to do with your H1.
Since your employer has filed for an H1 extension, you are in H status. So, in the application if there is any question regarding the current status, you have to mention as H1b and the receipt number would suffice.