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Travel out of country and re-entry during/after 485 filing Travel out of country and re-entry after 485 filing. Various options of travelling and issues that need to be taken care of while filing and after filing 485.

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  #1  
Old 08-22-2008, 01:30 PM
LostInGCProcess LostInGCProcess is offline
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Default Entering US on AP if H1 visa attempt failed at chennai consulate!!!

Hi All,

I am on H1 valid till july 2010. This is my post 6ht year extension. I have approved i-140, Labor PD: Dec2006. Filed my i-485 in Aug2007("July fiasco"). I have AP valid till Jan 2009. I want to travel to India and would like to go for Visa stamping at Chennai consulate.

In the event of any delays at the consulate, can I withdraw my application in the pending state and enter US using AP? Because I have till JAn 2009 to enter US no AP and I am planning to go to India in Dec.

Thanks,
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  #2  
Old 08-22-2008, 01:42 PM
rsdang rsdang is offline
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Lightbulb Approved H1 petition - no problem then...

Technically you can use AP to get back in but you will have bigger issues if H1 is rejected...

If you have an approved petition then there is no reason (other than security) to deny you stamping. So dont worry and just go.

If you I-140 was approved on the same job description and you underlying H1 petition is rejected for visa ( one in a billion chance) then you have a bigger issue than worrying about reentry into USA.

My suggestion is - go for stamping and dont worry too much. Cases where an approved petition for H1 is denied visa are very special cases.

Just make sure you do not apply for your spouses H4 ( in case that applies ) as that will invalidate her/his GC process.

Have a safe trip
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  #3  
Old 08-22-2008, 01:50 PM
gcdreamer05 gcdreamer05 is offline
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Default

Quote:
Originally Posted by LostInGCProcess View Post
Hi All,

I am on H1 valid till july 2010. This is my post 6ht year extension. I have approved i-140, Labor PD: Dec2006. Filed my i-485 in Aug2007("July fiasco"). I have AP valid till Jan 2009. I want to travel to India and would like to go for Visa stamping at Chennai consulate.

In the event of any delays at the consulate, can I withdraw my application in the pending state and enter US using AP? Because I have till JAn 2009 to enter US no AP and I am planning to go to India in Dec.

Thanks,
Technically yes, you can come back on AP and you will be in parolee status but still your h1b is valid and you will continue to be on h1 only.....

When are you planning to go chennai ?
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  #4  
Old 08-22-2008, 02:02 PM
gsrknth gsrknth is offline
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Default

Does GC application for spouse invalidate if you apply for H4 extension along with your H1B extension beyond 6 yrs ???? . Did you mean to say this!! someone please clarify.



Quote:
Originally Posted by rsdang View Post
Technically you can use AP to get back in but you will have bigger issues if H1 is rejected...

If you have an approved petition then there is no reason (other than security) to deny you stamping. So dont worry and just go.

If you I-140 was approved on the same job description and you underlying H1 petition is rejected for visa ( one in a billion chance) then you have a bigger issue than worrying about reentry into USA.

My suggestion is - go for stamping and dont worry too much. Cases where an approved petition for H1 is denied visa are very special cases.

Just make sure you do not apply for your spouses H4 ( in case that applies ) as that will invalidate her/his GC process.

Have a safe trip
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  #5  
Old 08-22-2008, 02:24 PM
LostInGCProcess LostInGCProcess is offline
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Default

Quote:
Originally Posted by gcdreamer05 View Post
Technically yes, you can come back on AP and you will be in parolee status but still your h1b is valid and you will continue to be on h1 only.....

When are you planning to go chennai ?
Around Last week of November 2008, come back by last week of December...If I get the leave....i am hoping for 5 weeks, but usually here they don't give that long leave...so, at least 4 weeks.
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  #6  
Old 08-22-2008, 02:26 PM
yoda yoda is offline
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Default rsdang, Are you sure about the H4 aspect?

Quote:
Originally Posted by gsrknth View Post
Does GC application for spouse invalidate if you apply for H4 extension along with your H1B extension beyond 6 yrs ???? . Did you mean to say this!! someone please clarify.

I don't think this is correct! What has the H4 stamping got to do with the pending GC process?

rsdang, please check this and post the source/law that explicity states this; otherwise please refrain from posting incorrect information.
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  #7  
Old 08-22-2008, 02:28 PM
LostInGCProcess LostInGCProcess is offline
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Default

Quote:
Originally Posted by rsdang View Post
Technically you can use AP to get back in but you will have bigger issues if H1 is rejected...

If you have an approved petition then there is no reason (other than security) to deny you stamping. So dont worry and just go.

If you I-140 was approved on the same job description and you underlying H1 petition is rejected for visa ( one in a billion chance) then you have a bigger issue than worrying about reentry into USA.

My suggestion is - go for stamping and dont worry too much. Cases where an approved petition for H1 is denied visa are very special cases.

Just make sure you do not apply for your spouses H4 ( in case that applies ) as that will invalidate her/his GC process.

Have a safe trip
Thanks rsdang for the response. Actually, my wife is on H1, so, I am not worried about her.

Quote:
My suggestion is - go for stamping and dont worry too much. Cases where an approved petition for H1 is denied visa are very special cases.
I beg to disagree on this. Cause I thing they do deny H1 visa in the range of 25% of all H1 visa seekers...i don't have any source to prove, but that's something everybody talks about, whenever there is a topic on visa stamping in India.
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  #8  
Old 08-22-2008, 02:34 PM
desi3933 desi3933 is offline
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Quote:
Originally Posted by rsdang View Post
....
....

Just make sure you do not apply for your spouses H4 ( in case that applies ) as that will invalidate her/his GC process.

Have a safe trip
Incorrect.

Applying for H1/H4/L1/L2 visa does NOT invalidate I-485.

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  #9  
Old 08-22-2008, 02:34 PM
LostInGCProcess LostInGCProcess is offline
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Default

Quote:
Originally Posted by rsdang View Post
Technically you can use AP to get back in but you will have bigger issues if H1 is rejected...

If you have an approved petition then there is no reason (other than security) to deny you stamping. So dont worry and just go.

If you I-140 was approved on the same job description and you underlying H1 petition is rejected for visa ( one in a billion chance) then you have a bigger issue than worrying about reentry into USA.

My suggestion is - go for stamping and dont worry too much. Cases where an approved petition for H1 is denied visa are very special cases.

Just make sure you do not apply for your spouses H4 ( in case that applies ) as that will invalidate her/his GC process.

Have a safe trip
Actually, I am more worried when they keep the application for indefinite period of time, usually for 90 days (if I am correct), for verifying etc etc..In that situation, can one withdraw the application mid-way and return to US using AP?
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