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ahmetdenizusta@gm

What to do if AP takes too long?

By ahmetdenizusta@gm in Work Visas

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ahmetdenizusta@gm Newbie

ahmetdenizusta@gm   0

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Hi everyone,

 

I did a PhD in the US on F-1 and have been working full time on H-1B since my graduation. I switched to H-1B through 'Change of Status' and don't have a visa stamp in my passport. I also have a green card application in progress and have the Advanced Parole document. My question is about the following case: Let's say I travel to my country for vacation, visit the US consulate and apply for an H-1B visa stamp. They put me on administrative processing (AP) and it turns out that it takes long. In order not to lose my job, I decide to give up on my H-1B visa stamp application and enter the US using my Advanced Parole. In such a case, can I just withdraw my H-1B visa stamp application? Would the consulate just reject my application if I want to withdraw it and would this be a bad thing to go into my records? Does the consulate hold on to my passport during the AP process? I would be grateful if you could share your ideas about what could go wrong with this plan.

 

Thank you all so much in advance.

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arken Mentor

arken   4,197

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Filed: F-2A Visa Country: Nepal
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In general, the CO keeps the passport during OP. In case of extended AP, you can request your passport back.

 

Once you travel to the US on AP, you are no longer on H1B status. You can continue working for your employer though. If you withdraw your visa application it will very likely be considered withdrawn more than rejection.

 

 

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

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.

Myself:

2016-05-10: N-400 Sent

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Boiler Grand Master

Boiler   45,470

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Filed: K-1 Visa Country: Wales
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You also have EAD?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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ahmetdenizusta@gm Newbie

ahmetdenizusta@gm   0

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2 hours ago, arken said:

In general, the CO keeps the passport during OP. In case of extended AP, you can request your passport back.

 

Once you travel to the US on AP, you are no longer on H1B status. You can continue working for your employer though. If you withdraw your visa application it will very likely be considered withdrawn more than rejection.

 

 

Thanks a lot for your reply. 

18 minutes ago, Boiler said:

You also have EAD?

Yes, I have the EAD card as well so I will be able to work full time if I enter with AP I guess. Thanks for the question.

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