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View Full Version : Can one use AP as backup to H1 VISA?


neelu
02-16-2009, 02:13 PM
Hi,

Please excuse me if this question has been answered before in these forums - if so, kindly point me to the relevant threads.

Here's our situation:
My wife will be going to India in March. She is currently on H1 though she also has an EAD and AP doc (from my GC application). Even though we have been assured by our attorney that it is safe for her to use her AP, we are exploring other options (mainly because a friend of ours recently had a bad experience using AP).

Basically she plans to attend a VISA interview (to get her H1B VISA). We dont expect any issues to get her VISA approved. But just in case it does not, would it then be okay to use AP?

In other words would there be any issues at the port of entry if the IO sees a VISA denial on her passport and she trying to enter using AP? Are there any other issues that you can highlight?

Thank you in advance.

thepaew
02-16-2009, 02:23 PM
There should not be any issues if your case has no complications.

BR
Hi,

Please excuse me if this question has been answered before in these forums - if so, kindly point me to the relevant threads.

Here's our situation:
My wife will be going to India in March. She is currently on H1 though she also has an EAD and AP doc (from my GC application). Even though we have been assured by our attorney that it is safe for her to use her AP, we are exploring other options (mainly because a friend of ours recently had a bad experience using AP).

Basically she plans to attend a VISA interview (to get her H1B VISA). We dont expect any issues to get her VISA approved. But just in case it does not, would it then be okay to use AP?

In other words would there be any issues at the port of entry if the IO sees a VISA denial on her passport and she trying to enter using AP? Are there any other issues that you can highlight?

Thank you in advance.

ameryki
02-16-2009, 02:26 PM
Hi,

Please excuse me if this question has been answered before in these forums - if so, kindly point me to the relevant threads.

Here's our situation:
My wife will be going to India in March. She is currently on H1 though she also has an EAD and AP doc (from my GC application). Even though we have been assured by our attorney that it is safe for her to use her AP, we are exploring other options (mainly because a friend of ours recently had a bad experience using AP).

Basically she plans to attend a VISA interview (to get her H1B VISA). We dont expect any issues to get her VISA approved. But just in case it does not, would it then be okay to use AP?

In other words would there be any issues at the port of entry if the IO sees a VISA denial on her passport and she trying to enter using AP? Are there any other issues that you can highlight?

Thank you in advance.

can you shed some light on the "bad experience" your friend had using AP?

krishnam70
02-16-2009, 04:00 PM
Hi,

Please excuse me if this question has been answered before in these forums - if so, kindly point me to the relevant threads.

Here's our situation:
My wife will be going to India in March. She is currently on H1 though she also has an EAD and AP doc (from my GC application). Even though we have been assured by our attorney that it is safe for her to use her AP, we are exploring other options (mainly because a friend of ours recently had a bad experience using AP).

Basically she plans to attend a VISA interview (to get her H1B VISA). We dont expect any issues to get her VISA approved. But just in case it does not, would it then be okay to use AP?

In other words would there be any issues at the port of entry if the IO sees a VISA denial on her passport and she trying to enter using AP? Are there any other issues that you can highlight?

Thank you in advance.

I have traveled out of the country on AP quite a few times on personal as well as business trips ( > 20) just to quote some figures and never had any issue with using AP to re-enter while maintaining my H1B valid. If all your documents are in order then there is nothing to be worried about. It is the prerogative of the IO to allow you in to the country irrespective of whether you hold a H1 or an AP. If the IO decides to not allow you in to the country it has to be based on some evidence.

Think of the other course of action. If your wife's employment record is clean and you do not foresee any issues in stamping go for it.

About the question as to 'if she gets rejected for H1b stamping and she could use the AP to enter back' i am not sure.
If your wife's intention is to keep working on H1B then she can enter the country using AP and keep working on H1.
follow this thread for more info
http://www.omgili.com/jmp/aHR0cDovL2JvYXJkcy5pbW1pZ3JhdGlvbi5jb20vc2hvd3Rocm VhZC5waHA/dD0yODg2OTkmbW9kZT1saW5lYXI=

may be a search could get u more info..

- cheers
kris

rvr_jcop
02-16-2009, 04:06 PM
Is it just me or some others feeling the same? With all the issues/queries that USCIS trying to throw at us for extending our H-1's, I decided to continue my employement using EAD. In fact starting today, as my H-1 expired last friday. I have decided not to extend my H-1.

If anything happens, happens. God forbit, should something happen to my 485, I dont have patience to start from scratch anyway. Enough is enough.... sorry for venting...

vin13
02-16-2009, 05:41 PM
I changed jobs and never bothered to ask the new employer to process H1-B. Just used EAD to work. I did not want to discuss with the HR about visa processing and job postings etc

neelu
02-16-2009, 07:37 PM
Thank you all for the quick and detailed responses (especially Krishnam70).

It seems that it is uncommon to use AP as a backup. Most ppl it seems are taking the AP approach.
To some of the other suggestions about using EAD, we prefer that one of us use EAD while the other be on H1 - diversification :).

By the way, has anyone recently booked a VISA appt in the Chennai consulate? If so, can you pls let me know what the lag is? My wife plans to go for VISA in March.

Thanks again for your comments.

kshitijnt
02-16-2009, 08:22 PM
My wife was issued 221(g) in Mumbai consulate in January. Which means she did not get H1 stamp. Hence she returned with me using AP and had no problems at the port of entry. It was a frustrating experience with consulate in that not only did we pay $131 as visa fees but we also paid for travel and lodging in Mumbai and it was a loss of valuable vacation time in India. The consulate did not even provide or have a reason for refusal.

neelu
02-16-2009, 08:51 PM
My wife was issued 221(g) in Mumbai consulate in January. Which means she did not get H1 stamp. Hence she returned with me using AP and had no problems at the port of entry. It was a frustrating experience with consulate in that not only did we pay $131 as visa fees but we also paid for travel and lodging in Mumbai and it was a loss of valuable vacation time in India. The consulate did not even provide or have a reason for refusal.

Thank you for sharing your experience. I'm sorry for what you had to undergo.
Did the IO not question the visa rejection? It just seems weird that a department in the country can reject you while another can welcome - the randomness of it all scares me.

kshitijnt
02-16-2009, 09:41 PM
Thank you for sharing your experience. I'm sorry for what you had to undergo.
Did the IO not question the visa rejection? It just seems weird that a department in the country can reject you while another can welcome - the randomness of it all scares me.

The IO was a really nice guy. We did not tell them our visa was refused nor were we asked about it. So.....

I just told him that my wife did not have a visa but had AP, so he said, do you also want to use your AP instead H1. I said, if possible I would want to use visa instead of AP for entry. He said its your choice :)

And both of us entered with no problems.

I have encountered really nice IOs during my last 3 trips to India. All of them on west coast. Earlier I used to live on east coast and the IOs were really mean

neelu
02-16-2009, 10:11 PM
The IO was a really nice guy. We did not tell them our visa was refused nor were we asked about it. So.....

I just told him that my wife did not have a visa but had AP, so he said, do you also want to use your AP instead H1. I said, if possible I would want to use visa instead of AP for entry. He said its your choice :)

And both of us entered with no problems.

I have encountered really nice IOs during my last 3 trips to India. All of them on west coast. Earlier I used to live on east coast and the IOs were really mean

Thank you, again. It is very helpful.

rvr_jcop
02-16-2009, 11:27 PM
The IO was a really nice guy. We did not tell them our visa was refused nor were we asked about it. So.....

I just told him that my wife did not have a visa but had AP, so he said, do you also want to use your AP instead H1. I said, if possible I would want to use visa instead of AP for entry. He said its your choice :)

And both of us entered with no problems.

I have encountered really nice IOs during my last 3 trips to India. All of them on west coast. Earlier I used to live on east coast and the IOs were really mean

I agree. I know I cant generalize and it depends on individuals, but the IO's on the left coast are more friendly than the ones on the mid-west ot the right coast. Thats probably because the AP traffic is def. more in California or more concentrated in SF bay area. So they know in and out of AP process and what its all about. I wouldnt be surprised its not the same case say if the POE is Cincinatti. , OH or say Miami, FL.

sundeep_9
02-17-2009, 02:26 AM
I got 221(g) when I try for visa stamping. I already have AP. I'm planning to re-enter US by using AP and still wanted to maintain my H1-B status. Recently got married and my wife is planning to attend for H4 visa stamping in couple of months. Since I already got 221(g) and entered US using AP, does it causes any issues for my H4 stamping?

illinois_alum
02-19-2009, 10:08 PM
Guys, I have a slightly different question. Me & wife (wife is a derivative applicant) both have filed for I-485s. Wife also has an EAD which she is using right now

Now my 6th yr H1 is expiring this Sept. My employer might decide to just extend my H1. If we do file for H1 extension, do we also need to file for my wife's H4 extension? If we do not file for a H4 extension, does she get out of status?

Thanks

kshitijnt
02-20-2009, 12:10 AM
Guys, I have a slightly different question. Me & wife (wife is a derivative applicant) both have filed for I-485s. Wife also has an EAD which she is using right now

Now my 6th yr H1 is expiring this Sept. My employer might decide to just extend my H1. If we do file for H1 extension, do we also need to file for my wife's H4 extension? If we do not file for a H4 extension, does she get out of status?

Thanks

I am 90% sure, your wife does not get out of status.

onemorecame
03-08-2009, 11:28 AM
Hi Neelu,
can you share what bad experience your freind had on POE while using AP? it will help us to prepare with that

Thanks

Hi,

Please excuse me if this question has been answered before in these forums - if so, kindly point me to the relevant threads.

Here's our situation:
My wife will be going to India in March. She is currently on H1 though she also has an EAD and AP doc (from my GC application). Even though we have been assured by our attorney that it is safe for her to use her AP, we are exploring other options (mainly because a friend of ours recently had a bad experience using AP).

Basically she plans to attend a VISA interview (to get her H1B VISA). We dont expect any issues to get her VISA approved. But just in case it does not, would it then be okay to use AP?

In other words would there be any issues at the port of entry if the IO sees a VISA denial on her passport and she trying to enter using AP? Are there any other issues that you can highlight?

Thank you in advance.

bbct
03-08-2009, 12:21 PM
I am not sure about point 2 that you said. I had a valid H1-B approval until 09/2010 but the passport is not stamped with the visa. I entered using AP and still working on H1-B. I spoke with my attorney after I have used AP and he says I can continue to be on H1-B and there is no need to use EAD. This is my experience.

This my experience. When I applied for H1B I spoke to my lawyer at length about extending my H1 when I have AP. He said having H1b even though you have AP, vice verse, is a wise decision. Here are few issues. Correct me if I am wrong.

1) In case you failed to get h1 visa stamped you always have AP to fall upon. This means that you can use AP.

2)For H1 visa to be valid I think one should get the H1 visa stamped and use it at POE. If you use AP when you have H1B you might be deemed forfeiting you H1B. There might be few options that I do not know to retreive you status after coming to US. In general you need to use EAD after using AP at POE.

3)If some thing unexpected happen with your I-485, if you have H1B valid, you will still be having a status (H1B).

I have both H1B and AP. When I went to India I got my H1B stamped and used it at POE. So, if something unexpected happens to my GC, I always have a status. I took this route as my case was clean. Every thing went fine for me both at consulate and POE.

Please this is just based on my knowledge, do not take it as legal advise. Take to a attorney if you have doubts. The above information might just give a sense of direction. Correct me if I am wrong

dvnagesh
03-12-2009, 02:47 PM
Hi TravInd , in the same link refer to the section "Parolee may Work for H1B (or L-1) Employer without Valid EAD", where u don't need EAD but can work on H1B for the same employer after entering on AP. And that is exactly what I am doing right now.