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Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

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Old 01-02-2010, 07:37 PM
gc750 gc750 is offline
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Default Urgent - Getting Visa Stamped after travelling on AP

Hello Freinds,

I came to India on a vacation and went for a H1 stamping on 29th Dec at the Chennai consulate. I ended up getting the famous Pink 221G (Additional Admin Processing - AAP). I believe it is because of my muslim name (I am not a consultant or working for any consulting firm, full time employee with my comp's IT department, work for a reputed manufacturing company and done MS here in USA, been in USA for 9 years now, had previous F1, and H1 stampings).

The VO asked very basic questions (who is the employer, what they do, where did you go to school, what majors) and didn't take any of my documents except the D156, D157 & Employee letter. She said my visa is approved, however I will have to go through AAP and will have to wait for 4 to 12 weeks.

I am planning to wait till the end of January and if nothing moves ahead in my case, then go back to USA on Advance Parole (Based on the experience from other members who were stuck in 221G and who travelled back on AP), and come back to India once the 221G is cleared, and the consulate requests to send Passport.

One of my personal concerns about this approach, does the consulate consider my visa applicaton abondoned if they find out that I have already entered US (using AP)? and will it have any issues in the future with my pending AOS?

Has anyone gone through this similar situation (that they travelled on AP while H1 is in 221G status) and got successful stamping after the consulate has requested to send the Passport.

Anyone please share your experience in the above situation........

Also if am returning to USA on AP, do I have to show the I797, so the Immigration officer puts the expiration date on the I94 as the date on the I797

Any suggestions will be greatly appreciated.
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