need help asap

[akila]

I am having my I797 H1B notice and my daughter's H4 approval valid until Aug 2009. I am still in H1B status. I got my EAD card
and AP. Both of our AP is valid until Nov 2008. Both of our visa stamping in our passports expired.
I am planning on going to India in the last week of May 2008. I will put my daughter in school there and I will return to U.S. in four weeks. While I come back I am going to use my AP. I am not going to go to U.S. Consulate for visa stamping in India.
(1) If I take any airlines going via gulf countries(Emirates) can I transit the flight in DUBAI airport with out valid U.S Visa stamping and UAE's transit visa? What about Brusells? While coming back also I will not have any valid US Visa stamping. Will that be a problem? Can I send my Indian passport to those consulate from US to get transit visa stamping?

(2) If my daughter do not like going to school in India before Nov 2008, she can use her AP to enter U.S. She is only 11 years old. Should I need to be along with her while she come back or she can come with any other U.S.Citizen adult to U.S?

(3) If she feels like coming back between Nov 2008 and Aug 2009 - AP is invalid and no visa stamping in her passport.
H4 approval notice is valid. Should I need to go back to India and get both of our visa stamping done and get back here? I might have already used my AP while entering US during my return in June 2008.Can I go back and use my H1B notice to stamp H1B Visa in U.S Consulate in India?

(4) After entering US with AP, as I have I797 Approval notice valid can I still work with that? I am still in H1B Status. Is that correct?

(5) Since I am going to use AP to enter US while returning back, while checking in with AIRLINES in India, if I show my AP is that enough? What documents should I need to show to arilines there?

Any help is appreciated
Thanks
Akil

[txh1b]

Talk to an attorney as you are evaluating several complex scenarios on the forum. My 2 cents below.

1. AFAIK, you do not need transit visa for the airports you mentioned. Check with the airline.
2. She can come back with another person that you authorize her to travel with. Make sure that person has the written notarized authorization signed by both the parents along with passport copies of both parents as international travel without such authorization is restricted due to child abductions.
3. If Neither of the parents are on H status, she cannot get the H4 stamp. If you enter on AP, you are not on H1 anymore. For this to happen, one of you needs to get back on H1 by travel and getting a H1b stamp and re-entering. I would ask you to get a H1b stamped during this visit rather than use AP if you want to avoid another trip overseas.
4. No, you are not in H1b status. You are a parolee and you need to use EAD to work. There is lot of confusion regarding this but my take is No, your H1b petition, though valid is not active due to AP being the last action on your entry and the interpretation of last action rule.
5. AP is sufficient and all international airlines know what that means. For the situation you are evaluating, I would not recommend it.

[akila]

Thanks
Akil

[akila]

Hi,

Thank you so much for your quick response.

I am a single parent. My plan is to enter in AP in June,2008 and use EAD to work. I am going to see how comfortably my daughter settle down in India. If she like school there then I will go back to India in Sep or OCT 2008. Dont need to worry about all this GC Process. If my daughter do not like school in India and want of come back to US before Aug 2009, I will go to US Consulate at Chennai and get my H1 and my daughter's H4 visa stamping and travel back into US with H visa.
1) If so, should I need to work in EAD after entering into US with H Visa or EAD?

2) If suppose I get my visa stamped in my visit in June,2008 then I need not extend my EAD card and work in H1 until Aug 2009. Can I apply for three more years extension in H1B in Aug 2009?


Thanks
Akil