AOS Pending and India Travel without AP

[SPAJ]

Me and my spouse will be applying for AOS in next 2 weeks as our priority date is current from Nov 1 and we intend to travel to India in mid november of this year.

We both have our H1B visa stamp expired in our passports but have H1B status extension approved here in USA. We will be needing to go for visa stamping during our visit.

1. Is it safe to travel outside USA with approved H1B status extension and expired visa stamp in passport when AOS is pending without Advance Parole?

2. Is there a possibility of H1B visa stamp denial in India when AOS is pending?

Would greatly appreciate if anybody can share their experience.

Thanks,

SPAJ

[pontevecchio]

The question is what happens if the visa is denied for one or both of You. The AOS has no connection to the H1 visa stamp. If you had AP then you could come back on the AP if the H1 was denied.

[Belle]

1. There is no way to tell if it is "safe". Can you get stuck - it's possible. It's EXACTLY the same as you would have traveled before filing AOS.

2. It's always a possibility, and has nothing to do with AOS.

[SPAJ]

Thanks pontevecchio and Belle.

Are there chances of H1B visa denial based on AOS application pending? Both of us were never out of status in the past.

[pontevecchio]

Asked and answered. H1 is a dual intent visa and you can dance a jig around the VO flaunting intent. HI visa stamping has NO connection to the AOS. Postpone the trip and travel either with the AP or GC.

[veeraiah]

I am having same kind of situation... My 485,EAD and AP are in process. I have an approve H1B. I am planning to go to India and get H1B stamped during the visit. My question is If for some reason my H1 is denied or issued a 221g which will take more than couple of months.... meantime if my AP is approved while i am out of country. Is it possible for me to enter the country on AP ( assuming some one will mail the AP documents to India).

Is it legal/possible to do?

[Sairam79]

Some people do that. But it is not advisable to do it. Better have AP and leave US for stamping.

[SPAJ]

Asked and answered. H1 is a dual intent visa and you can dance a jig around the VO flaunting intent. HI visa stamping has NO connection to the AOS. Postpone the trip and travel either with the AP or GC.

@pontevecchi - It is an emergency travel else we would have waited for AP and EAD.

@ veeraiah - did you complete your biometrics after filing I-485?

[Attorney_6]

If it is really an emergency, try to request emergency AP at the local office. They are strict about these requests, but local offices can/do give emergency APs if it is a real, documented, emergency.

Of course, it may be hard to prove that the I-485 has been filed, as there would not be a receipt notice at that point. The receipt number is usually on the back of the cashed fee payment check (check on line at your bank if you paid the fee.) The most you could show the local office would be the cashed checks, not the receipts.

Otherwise, the I-485 filing does not create a risk for the H1 "stamping." But, for IT consultants particularly (not sure the nature of the job), H1 "stamping" is very risky.

Might be best to have one person stay in the US, if possible, so that if the H1 stamp is denied, maybe an H4 would be granted.

The emergency nature of the travel is a bit questionable---the post was October 12th, but the emergency can wait until November 12th.?

[SPAJ]

If it is really an emergency, try to request emergency AP at the local office. They are strict about these requests, but local offices can/do give emergency APs if it is a real, documented, emergency.

Of course, it may be hard to prove that the I-485 has been filed, as there would not be a receipt notice at that point. The receipt number is usually on the back of the cashed fee payment check (check on line at your bank if you paid the fee.) The most you could show the local office would be the cashed checks, not the receipts.

Otherwise, the I-485 filing does not create a risk for the H1 "stamping." But, for IT consultants particularly (not sure the nature of the job), H1 "stamping" is very risky.

Might be best to have one person stay in the US, if possible, so that if the H1 stamp is denied, maybe an H4 would be granted.

The emergency nature of the travel is a bit questionable---the post was October 12th, but the emergency can wait until November 12th.?

@Attorney 6: Thanks. Can attending sibling's wedding considered as an emergency travel? If yes, what is the procedure for applying for emergency appointment for AP?

Both of us are not in IT industry but are you aware of current stamping situation at Hyderabad consulate?