AP or H1?

[indy49]

Hello,

I have a unique situation on my hands. I would really appreciate a fairly quick response because I need to plan my visit to Chennai consulate based on your responses.

First a little bit background. My 485 is on file, and I have a valid EAD/AP with me. But my company, to be on the safer side (?), have kept my H1 alive. Basically, their theory is that in case GC application gets rejected for some reason, I will have a backup H1 to maintain my status in the US.

Now, I had to travel to India due to some family medical emergency. And then I had to extend my stay. During which time, my H1 expired. So my company applied for an extension in the US, and got my approval.

My question now is, do I need to visit the US consulate in India and get my H1 visa stamping? Or can I travel back using my AP?
I was told, since my H1 extension was applied/approved when I was in India, I need to get it stamped no matter what. For some reason that did not make much sense.

Experts, please advise.

thanks in advance
Indy49

[immihelp]

If you have a valid H1 visa stamp (not the H1 visa status), you can travel to US on that. Otherwise, you will need to get H1 visa stamped in your passport before you can enter on H1 status.

Alternatively, you can enter on advance parole.

Read https://www.immihelp.com/maintaining...ent-of-status/ to understand more.