What happens to existing/pending green cards?
Nothing. The process continues. Changes in laws are not retroactive.
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
My spouse and me are currently working on H1 and we do have our EAD and AP even though we are not using it.
We are planning on a trip to India in the month of December. Both of our H1 visa's on passport have expired. We plan on using AP when coming back to US to avoid the hassle of getting our passports stamped.
We plan on remaining on H1 even though we use AP to get back. We do plan on renewing our AP and EAD when they expire. What I want to know is... is there any advantage of having visa stamped in your passport as to using AP if you plan on remaining on H1? One that I know is cities like London require you to get a transit visa if your visa has expired when traveling to India.
We would highly recommend not applying for an H visa if it can be avoided. In the past few weeks, I have provided consultations to various employers on H-1 visa refusals. The refusals were ridiculous, illegal and would be overturned if there were an adequate mechanism for reversal. So, I see no point in applying for an H-1 visa. Even if you enter on AP and continue working for the original H-1 employer, you ARE considered to still be on H-1. All other matters are more or less ancillary.
I would like to thank Mr. Rajiv Khanna and his team for their proficiency on my GC case. Mr. Khanna is an expert and he clearly knows what is expected and best process to achieve target by providing all essential information with respect to the case. Mr. Khanna is always available to clarify the questions and respects the time to complete the action items on time. Special thanks to Mrs. Diane, She is very respectful and gives attention to detail on all levels of required documents. She follows up very promptly on action items. You are in the right place, if your case is handled by the Law offices of Rajiv S Khanna.