H1 B visa stamping 9th year with EAD/AP

[viv_mon]

Hey all,

 

I am on my 10th year of H1 B with EAD/AP, waiting for my priority date to be current. My 9th year visa expired in Jan 2014. I have the new H1-B approval notice valid till 2017. I am fulltime employee with a company.

 

My question/concerns are 

1. Should I apply for visa stamping when I visit India next month? Are there any risks being on 10th year h1b??

2 Or should  I just come back on EAD/AP

3. Lets say I go visa stamping and if there is any problem can I come back to US using EAD/AP

 

Thanks in advance

Viv

[LPM]

I did the same thing recently in matamoros mexico.

See this post that might shed some light.

http://forum.murthy.com/index.php?/topic/79365-h1bh4-renewal-stamping-matamoros-august-2014/

[pontevecchio]

1/2. Either is fine. If you are full time problems would be extremely rare.

 

3. Yes.

[14star]

I have a Very naive question to ask.

 

When you have your EAD/ AP - why do you need H1B Visa stapming?

 

I heard once you have EAD , there is no need for H1B Visa stamping. I am a newbie and may be wrong.

 

Please shed light.

[LPM]

Technically you wouldn't need H1B if have EAD/AP. But getting EAD on Time before the previous one expires is nothing but PAIN. More over if EAD did not arrive you would have to take a break from Work. Lot of folks will try to maintain H1B given the speed on PD movements. There are also few other reasons to maintain H1B until 485 is approved. 

[14star]

Makes sense now. Thank you very much LPM. I will try to follow the same until my I485 is approved.

I hope there won't be any issues if we can have H1B and EAD both in active state at the same time.

Would you please share those reasons to maintain H1B until we get 485 approved?

Thanks much. Your reply was very helpful.

[LPM]

Single H1B 's would benefit maintaining H1B so they may bring the spouse in H4 as soon as get married as needed.

 

I thought i read some where that if for some reason 485 is denied by USCIS then not maintaining H1B would make the applicant immediately out of status.

[LPM]

Single H1B 's would benefit maintaining H1B so they may bring the spouse in H4 as soon as get married as needed.

 

I thought i read some where that if for some reason 485 is denied by USCIS then not maintaining H1B would make the applicant immediately out of status.

[14star]

Very valid and important point - thank you very much again for sharing this information.