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Travel at H1-B renewal time
My situation is as follows:
Current H1-B - valid until Sept 29, 2008
My current employer has filed for renewal (my second H1-B).
I couldn't appear for the I-485 Initial Interview (and hence got it rescheduled). Hence my I-485 application is still pending.
I received my EAD in March 2008. But I haven't used it yet since my H1-B is still valid.
I plan to travel to the U.A.E. (I am an Indian Citizen) after I've received answers to the following questions (I've read through some of the threads posted here, but the information is so confusing......I thought it appropriate to post a new thread):
1a. Should I get Advance Parole? I haven't filed for it yet. How long does it typically take to get AP, and what is the approximate cost involved? Can it be gotten sooner, in case it's urgent?
1b. Should I get my H1-B stamped (I haven't traveled internationally in a while, so I do not have it stamped yet)?
The problem with this is that my current H1-B expires in Sept end. And I intend to travel from mid-August to mid-October. So if I go for H1-B stamping (I am planning to go to Canada for the stamping), I assume i should take the new H1-B with me.
My renewed H1-B may or may not come by mid-August. So do you think I should get it premium processed?
2. With regards I-485 Initial Interview......I received an 'Initial Interview' date for May 1, 2008 in Boston, but couldn't make it. My file has now been moved to San Jose. How long does it typically take for a rescheduled interview date (does it typically take longer in the San Jose office)? My lawyer says he is not aware of a way to check this, but does anyone know anything about this?
3. The biggest (and most confusing) question is if reentering the US on a stamped H1-B stamped would invalidate my Green Card application. I know this may have been discussed in one of the other threads, but I couldn't get an exact answer in the threads I searched.
Same questions! Travel during H1B renewal period
I HAVE THE SAME QUESTIONS, can some kind soul please let me know what I should do?
I have 485 pending (applied back in July 07, with everybody else)
Applied for AP and EAD along with it too.
EAD will expire around Oct 08
Can't remmeber when Ap will expire, will look it up when I get home.
H1B will expire on Sept 30, 2008 (1st 3 years)
Current company filed for H1b (my second) for me, receipt date July 29th.
As of Aug 15th, USCIS is only processing dates on May 15th.
Now I got an invitation to go to a wedding in India that would require me to fly out of the country on Nov 28th and I am not scheduled to be back until Jan of 09'. I am from HK, going to an Indian wedding seems like a once in a lifetime experience for me, so I really want to go.
But now that my H1B renewal is pending, my AP/EAD are expiring all around the same time frame...I don't know what to do.
I think I have 4 options:
1. forget the wedding invitation, just sit tight while the H1B renewal is in process
2. re-apply for AP (if it will expire before my scheduled return), at least use this as a backup to re-enter if I don't get my H1B before I leave.
3. buy the plane ticket now, bet on the INS to approve my H1B renewal before I leave. based on their processing dates and my receipt under regular projection, i think they will get to me around Oct, a month before I leave.
4. suck it up, and pay for premium processing if I don't hear anything from the INS a month before my departure...
(unfortunately, ticket to India is already expensive enough, if I need to get premium processing in order to go to the wedding, I simply can't afford it)
1. for option 2, if I enter the country using my new AP, does it mean I gave up my H1B, even if i am coming back to work for the same employer? Or is my H1B still valid if I just continue using it?
re-applying for new AP is definitely cheaper than paying for Premium processing on the renewal, since I can do it myself, just using what the lawyer prepared the last time. and the USCIS fee is definitely less than 1k...
but like everybody else, i don't want to give up my H1.
2. would all of you bet on the INS to process my H1B renewal (receipt July 29th) in time for my Nov 28 departure?
3. What would you all do if you are in my shoes?
thanks a million!
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