I am on EB3 India PD 2002. I dont have a H1-B visa but have valid I94 with H1 classification. Also have EAD and AP valid till august.
If I travelled to India, can I apply for H1-B visa at the consulate? Any chances of it being denied and if denied, can I enter on AP.
Can anyone describe the process of entry on AP.
Thanks
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to rchatterjee70a:
You can surely use your AP for entering US even if your H1 stamping gets denied. You have to carry with you atleast the valid AP, I-485 receipt notice, Employer Letter confirming your employment. If you have the most recent pay stub which you got before leaving the US would be helpful too.
At POE, you will be subjected to secondary inspection where your AP, I-94 and PP will be stamped with "PAROLEE" stamp. The IO might ask you few questions about your job, employer, purpose of travel etc. so be prepared for that.
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Why renew H1-B stamp if you have AP?!?
read this from Ron Gotcher:
http://imminfo.com/Newsletter/2009-3/EAD_...
also note increased scrutiny on small employer sponsored H1-Bs from India:
http://imminfo.com/Newsletter/2009-3/overse...
Can you believe 15-18% of total H1-Bs are frauds with falsified documents, falsified job descriptions, and benching employees without pay. If 15-18% of total world-wide H1-Bs are fraud, then the percentage of H1-B frauds from India is much higher.. wow..
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to rchatterjee70a:
I would suggest that you read the link provided in the post above this one.
Traveling on AP is a lot stress free. But couple of things to watch out for
1. If you are transiting through any country that requires an Air Transit Visa (like UK), you need to get one before starting the journey. AP will not exempt you from that requirement like H1 B used to.
2. Make sure that you carry ALL the copies of the current AP document that you received from USCIS. Once you come back to to the US, the POE officer will need to stamp all of them and keep one for their record. You can use your copy for subsequent travels abroad until it expires.
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to rchatterjee70a:
How did your I-94 (based on your H-1B approval notice or a previous visa stamping) is valid while your H-1B visa is invalid? Please explain.
Travelling on AP is stress free but in my opinion, if you have an option to work on H-1B, you should attempt to stamp it at the consulate. If you have the proper documentation (employer's letter and paystubs), visa stamping should be a breeze. Keep AP and EAD as a back up plan. Yes (as the previous poster already pointed it), you can use the AP to enter even if the visa is denied at the consulate.
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