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Stamp H1B visa before submitting green card app or after getting the EAD/AP?

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  • Stamp H1B visa before submitting green card app or after getting the EAD/AP?

    My H1B has been extended until 2021, but my current H1B visa stamp is expired. I will be submitting my marriage based green card application (wife is a US citizen) and plan to travel internationally after obtaining the EAD/AP combo card. As I understand it's better to use H1B stamp to re-enter rather than the Advance Parole. Is it recommended to get the H1B visa stamped before submitting the green card application itself to avoid any scrutiny or it's ok to get it stamped after the application is submitted and I've obtained the EAD/AP combo card?

  • #2
    Originally posted by cloudhusky View Post
    My H1B has been extended until 2021, but my current H1B visa stamp is expired. I will be submitting my marriage based green card application (wife is a US citizen) and plan to travel internationally after obtaining the EAD/AP combo card. As I understand it's better to use H1B stamp to re-enter rather than the Advance Parole. Is it recommended to get the H1B visa stamped before submitting the green card application itself to avoid any scrutiny or it's ok to get it stamped after the application is submitted and I've obtained the EAD/AP combo card?
    1. No, there is no such thing as entering with H1B better than AP. If you enter using AP, and your AOS gets denied, then you will be out of status. However, you can leave and re-enter with H1.
    2. There is no scrutiny involved. H1 and your GC are two separate processes. One has no bearing on the other. H1 is a dual intent visa. So H1 stamping is not affected by a pending GC petition.
    Just an opinion; Not legal advice.

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    • #3
      Originally posted by scientist2016 View Post

      1. No, there is no such thing as entering with H1B better than AP. If you enter using AP, and your AOS gets denied, then you will be out of status. However, you can leave and re-enter with H1.
      2. There is no scrutiny involved. H1 and your GC are two separate processes. One has no bearing on the other. H1 is a dual intent visa. So H1 stamping is not affected by a pending GC petition.
      Thanks a lot! Could you please also review my question on Form I-864 income requirement at https://www.immihelp.com/forum/famil...me-requirement

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