Traveling with AP with active H1b status, still need new VISA?

[money167 0]

My VISA had expired long ago and I never leave the country and renew it at oversea embassy. Now have the AP and I’m planning to visit home country for a few weeks. Do I still have to renew my VISA at the embassy or I can simply show off the AP with other supporting documents at the port in order to come back in?

And if I have to renew my VISA, should I use my H1b status or AP as supporting document? Or both?

Thanks!

[payxibka 10,045]

My VISA had expired long ago and I never leave the country and renew it at oversea embassy. Now have the AP and I’m planning to visit home country for a few weeks. Do I still have to renew my VISA at the embassy or I can simply show off the AP with other supporting documents at the port in order to come back in?

And if I have to renew my VISA, should I use my H1b status or AP as supporting document? Or both?

Thanks!

No you do not need to renew a visa when you have AP...

Did you overstayed a previous visa? If so, even with AP, re- entry might be problematic.

[money167 0]

Thanks for your reply!

No, I have never overstayed. I always been under legal status. I'm just wondering if I can walk-in with just AP without the hassle of renewing at the embassy and spend another $130. Some of my friend said I should renew my VISA instead of using the AP unless if my H1b had expired... I don't know, I'm very confused and unfortunately my lawyer is on vacation for another week. I have no one to ask...

[money167 0]

Found the perfect answer:

A pending Adjustment of Status (I-485) applicant can re-enter the US as long as he or she has a valid H-1B visa stamp in his or her passport OR an approved Advance Parole document in hand prior to leaving the U.S. If a person re-enters the U.S. with a valid Advance Parole document, then he or she will no longer hold valid H-1B status. Therefore, the best course of action is to re-enter the U.S. with a valid H-1B visa stamp and only use AP/EAD as backup. If something happens to the I-485 application and it gets denied, then such a person will at least be able to fall back into H-1B status.

[Dias Melhores 0]

Thanks for your reply!

No, I have never overstayed. I always been under legal status. I'm just wondering if I can walk-in with just AP without the hassle of renewing at the embassy and spend another $130. Some of my friend said I should renew my VISA instead of using the AP unless if my H1b had expired... I don't know, I'm very confused and unfortunately my lawyer is on vacation for another week. I have no one to ask...

Just be advised if you have a layover (transmigrate) through other countries they may require you to have a visa. My wife was detained in a "no visa" room for five hours... Below is my post:

http://www.visajourney.com/forums/index.ph...p;#entry2243741

Good luck!

[money167 0]

Oh my god! I'm sorry to hear that my friend. I just returned from Asia and everything worked out smoothly. I spent the $130 and renewed my H1b instead of using AP. My wife also has H1b and we are both using AP as backup... oh wao, that's really suck what happened to your wife. I hate dealing with processing time, that's why I tried not to get out at all... Thanks for your post!

[Dias Melhores 0]

Oh my god! I'm sorry to hear that my friend. I just returned from Asia and everything worked out smoothly. I spent the $130 and renewed my H1b instead of using AP. My wife also has H1b and we are both using AP as backup... oh wao, that's really suck what happened to your wife. I hate dealing with processing time, that's why I tried not to get out at all... Thanks for your post!

I am glad things worked out for you! Take care and good luck with the rest of your process!!!