H1 STATUS invalidated by using AP, can H1 be reinstated by using some INS form??

[shaket]

Hi
I am currently in H1 status. I do not have a valid visa on my passport though. I also have a valid EAD/AP tho not used it yet.

i am planning on making an international trip , Since i dont have a valid visa stamped on my passport I intend to use AP to enter.

I was told that using the AP for entering automatically makes my H1 and my wife's H4 status invalid? I want to retain my H1 and her H4 as a back up.

I read somewhere that if you use the AP for entering you can file an INS form after entering US to reinstate H1 status.

Does anybody know if this is true and what INS form this is?

I read in the forum that the only way to reinstate the H1 is to
go out of the country , get visa stamped and enter on new I-94 but i want to know if there is another way.

Really appreciate the help..
Please let me know..
shaket..

[gcnotbad]

Using AP will not invalidate your H1B/H4. It's just a document allow you to enter US based on your pending I-485.

[jk0274]

Originally Posted by gcnotbad

Using AP will not invalidate your H1B/H4. It's just a document allow you to enter US based on your pending I-485.

No, that is absolutely not true. If you use your AP, you will be admitted as a parolee and not in H-1B status.

You can still continue to work legally for your H-1B sponsor, though, even without an EAD as long as your H-1B documents are valid. But your legal status will not be "H-1B" but will be "parolee".

The original poster is correct. In order to reinstate H-1B status (and H-4 status for the spouse), one only needs to file an extension of their H-1B documents. Once that is approved, you will receive a new I-94 from USCIS and will be back in H status.