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  #1  
Old 28th September 2005, 11:56 AM
rajeshch rajeshch is offline
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What happens to H1 after EAD is approved

Hello,
I am new to this forum so please excuse me if i did not follow some of the protocols for posting.

I am married to an american citizen and i have applied for greencard(I-765,485,130,864 and others). I just got my fingerprinitng done on 9/22 .I am presently on H1 and was wondering what would happen to my H1 after my 765 is approved. Also one other question is i read some where that people with H1 do not need to apply for I-131 advance parole but my confusion ( ) is if my 765 approval makes my H1 no longer valid, what would i need to do if i have to go out of USA and come back.

Please help on this issue
Thanks
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Old 28th September 2005, 12:06 PM
GotPR? GotPR? is offline
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You can remain as H1 status as long as you keep H1 valid such as extending it or tranferring if necessary and can travel with H1. Obtaining EAD does not necessary mean you become AOS pending status. If you use EAD to work, such as not transferring H1 to the next employer or not extending H1 when it's expired, you'll be AOS pending and EAD will be work permit.
in that case, you need I131 to travel.
__________________
EB2, rest of the world.
LC(RIR) PD : 4/29/02
LC(RIR) Approved : 11/17/04
I485/I140/EAD/AP RD : 12/15/04
FP : 1/9/05
AP Approved : 2/17/05
EAD Approved : 3/26/05
I485/I140 Approved : 5/24/05
I-551 stamp : 6/3/05
Plastic Card RD : 6/28/05

Last edited by GotPR?; 28th September 2005 at 12:08 PM.
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  #3  
Old 28th September 2005, 12:09 PM
rajeshch rajeshch is offline
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Quote:
Originally Posted by GotPR?
You can remain as H1 status as long as you keep H1 valid such as extending it or tranferring if necessary and can travel with H1. Obtaining EAD does not necessary mean you become AOS pending status. If you use EAD to work, such as not transferring H1 to the next employer or not extending H1 when it's expired, you'll be AOS pending and EAD will be work permit.
in that case, you need I131 to travel.
Thank You very much for the reply GotPR.
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