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| Embassy abroad and application for AP/EAD |
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You can go to India.
Take your current (only in your case) I-797 notice of action with you.
Make an appointment early enough. I've heard there is a lot of people in India.
Make sure your passport does not expire in less than 6 months from the date of application at the consulate. You will need to complete the DS-156 and if male between 14-46, the DS-157 form. Both are available on line and a scannable barcode is imaged on the documents as you print them. You will need other items, including passport-type photos etc, and payment receipts for the local processing, along with original LCA petition documentation just in case, and a letter from your employer confirming employment.
There is no risk to doing this provided you follow the rules. H1B is dual intent. Ongoing processing at USCIS is not compromised by border crossings on H1B. If that were true, there would be several hundred thousand workers in the US unable to travel across the border(s) for 7, 8 9 years.
My 10th year extension just got approved. My labor cert was originally filed in 2001. I have crossed the border at least a dozen times since then, probably around 20.
CONDITIONAL NOTE:
a) If your AP is approved before you leave, and if you have the AP (I-512) WITH YOU IN HAND BEFORE YOUR LEAVE, you can use that when returning. Use of AP DOES NOT affect future H1B status. AP is for travel only. Use of EAD only affects H1B validity;
OR
b) If your AOS is approved before you leave, and you have been to the local USCIS office and had your passport updated with the temporary Resident Alien stamp, then you can consider AP and H1B a thing of the past.
If you have a spouse and / or dependent(s), you will need to consider those implications as well. If you are planning on getting married any time soon, then you need to consider implications for spouse visas, timing etc. |
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