H1B Extension and stamping

Hi ,

My H1B expires on Nov 2023 . I started a premium processing for H1B extension but i got rfe now. Since premium processing takes 2 weeks , i booked my tickets to india next week and h1b stamping on 29th jun. I do have AP document . But i was thinking to do my h1b stamping since i will get 3 years on that and AP has just 1 year validity. can you please let me know if the lawyer gets email copy of the rfe so we can address them immediately or we need to change to consular processing. Is there any drawback in consular processing during my H1b stamping or port of entry? which options would be best. Can you please help .


AP is just a travel document that allows entry back to the US. GC EAD is what you will use for employment if you aren’t maintaining your H1B status.

If you dont get your H1B extension of status approved before your visa interview , you can use AP to enter back and then visit the CBP at Mexico or Canada border , use your H1B I-797 to enter back using AVR and switch back to H1B status.

Talk to your immigration lawyer and discuss.

Thanks Kalpesh. This is the first I’m going for H1B stamping. So im not sure if AVR will work for me. Previous to this i had L1B visa. So my lawyer said i can travel before approval and later if H1B is approved after my travel to india, its considered as approved to consulate and i wont have i94 with this approval. i have another question. After my approval, if my h1b stamping gets delayed from uscis, is it ok to skip the process and travel with AP. will this affect my H1B status?