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AOS In Progress and Is it Possible to Stamp and Travel using H1B

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  • AOS In Progress and Is it Possible to Stamp and Travel using H1B

    Frds - I applied for AOS with PD as Jan 17, 2017 and as-is status - EAD and AP Approved (I-140 and I-485 is pending). My H1B visa expires on Sep 15, 2017 and I have an H1B Extension petition approved (not stamped) valid till Aug 15, 2019. I have plans to travel to my Country in September and my question is

    Should i travel with a Travel document - AP (I-131)
    (or)
    Can i go for stamping with my Approved H1B Extension petition (Dropbox) and enter US through H1B Visa

    I'm reading/hearing that if i enter through AP (I-131) my H1B status will be Void which i don't want to happen. At the sametime if i use my H1B then my AOS will be void - Which ones are true? Please advice.

    I have an Infopass scheduled for Jul 27th to check on this and also check my status on AOS (including I-140)

  • #2
    Originally posted by Chennaistar80 View Post
    Frds - I applied for AOS with PD as Jan 17, 2017 and as-is status - EAD and AP Approved (I-140 and I-485 is pending). My H1B visa expires on Sep 15, 2017 and I have an H1B Extension petition approved (not stamped) valid till Aug 15, 2019. I have plans to travel to my Country in September and my question is

    Should i travel with a Travel document - AP (I-131)
    (or)
    Can i go for stamping with my Approved H1B Extension petition (Dropbox) and enter US through H1B Visa

    I'm reading/hearing that if i enter through AP (I-131) my H1B status will be Void which i don't want to happen. At the sametime if i use my H1B then my AOS will be void - Which ones are true? Please advice.

    I have an Infopass scheduled for Jul 27th to check on this and also check my status on AOS (including I-140)
    If you enter using AP, you are no longer on H1, but entering on H1 does not void AOS.
    Just an opinion; Not legal advice.

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    • #3
      Originally posted by scientist2016 View Post
      If you enter using AP, you are no longer on H1, but entering on H1 does not void AOS.
      Thanks for the response @scientist2016. My H1B Extension is approved and i have the approved petition with me, but need stamping (Dropbox) as my existing Visa is expiring on Sep 15th. With AOS inprogress can i still move forward with Stamping process (Dropbox).

      Comment


      • #4
        Originally posted by Chennaistar80 View Post
        Thanks for the response @scientist2016. My H1B Extension is approved and i have the approved petition with me, but need stamping (Dropbox) as my existing Visa is expiring on Sep 15th. With AOS inprogress can i still move forward with Stamping process (Dropbox).
        yes

        This is my personal opinion and is not to be construed as legal advice.

        Comment

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