Did I screw up with my EAD renewal?

[gc_proc]

I'm in a dilemma now. Here's what happend. I got my H1B through my employer in Aug 2004, which is valid till Aug 2007. My wife got her citizenship in oct 2004. I applied for GC on family basis and got my GC interview in Apr 2005. With my GC application I didn't apply for EAD and AP. My interview went fine, but officer told me that my name is pending in FBI name check , and he told me it may take 3-6 months, so I remained on H1B and waiting for my name check clearance. I didn't receive anything in 6 months, in the meantime I decided to go outside US to my home country on vacation. So I applied for my EAD and AP and received within a month. Just to avoid the hassel of H1 Visa stamping, I used AP to re-enter USA.

I never mentioned my employer about my GC, recently they asked me if I'm interested in applying GC, so I told them my GC is pending through family base GC, then they asked me to submit my EAD and AP to keep for their records, by that time my EAD and AP expired, they said it's ok, you're on H1 then since it's till Aug 2007.

Now I again want to go on vacation, but still haven't heard anything from USCIS on my name check clearance, I even visited them twice taking Infopass appointment, but of no use, since I get the same reply (name check clearance). My EAD and AP expired since last two months? will there be problem in renewing it? Is my H1 no more valid since I re-entered US on AP? I'm scared now. I don't know the outcome. These name check pending is killing me Any suggestions

Thanks in Advance.

 

[cherr1980]

You are still in AOS pending through your spouse so you could renew your EAD and AP long time ago.

I am not sure if you are still in a valid H1B since you used the AP I know that if you used your EAD you are not in H1B anymore...somebody else as H1B before can clarify that.

But you still can renew your EAD and AP.

Good luck,

 

[sgsnathan]

I have heard conflicting observations on this. Some say that since you entered the country as a parolee, you can't use your H1 visa anymore. Others say that regardless of if you used an EAD earlier or not, you can continue to use your H1 as long as it is unexpired as it is a dual intent visa and even extent. I would say that if your employer is okay with it, you are still fine, especially since you aren't trying to change jobs at this point. But you might want to apply for a new EAD just in case.

Again, I am not an expert, those are just my opinions.

 

[ari4u]

I'm in a dilemma now. Here's what happend. I got my H1B through my employer in Aug 2004, which is valid till Aug 2007. My wife got her citizenship in oct 2004. I applied for GC on family basis and got my GC interview in Apr 2005. With my GC application I didn't apply for EAD and AP. My interview went fine, but officer told me that my name is pending in FBI name check , and he told me it may take 3-6 months, so I remained on H1B and waiting for my name check clearance. I didn't receive anything in 6 months, in the meantime I decided to go outside US to my home country on vacation. So I applied for my EAD and AP and received within a month. Just to avoid the hassel of H1 Visa stamping, I used AP to re-enter USA.

I never mentioned my employer about my GC, recently they asked me if I'm interested in applying GC, so I told them my GC is pending through family base GC, then they asked me to submit my EAD and AP to keep for their records, by that time my EAD and AP expired, they said it's ok, you're on H1 then since it's till Aug 2007.

Now I again want to go on vacation, but still haven't heard anything from USCIS on my name check clearance, I even visited them twice taking Infopass appointment, but of no use, since I get the same reply (name check clearance). My EAD and AP expired since last two months? will there be problem in renewing it? Is my H1 no more valid since I re-entered US on AP? I'm scared now. I don't know the outcome. These name check pending is killing me Any suggestions

Thanks in Advance.

As per the cronin memo, H/L visa holders who enter the US using AP can still work on their H/L visa and also apply for extension.

 

[gc_proc]

Thanks for your replies..

As per the cronin memo, H/L visa holders who enter the US using AP can still work on their H/L visa and also apply for extension.

Thanks for all your replies. The document pointed out by ari4u has given me lot of relief. I have applied for renewal of my EAD and AP just this morning (which I could have avoided if I had read this document). It's pretty clear that you can work on H1 as long as you are with one employer and still can travel on AP.

 

[ari4u]

Thanks for all your replies. The document pointed out by ari4u has given me lot of relief. I have applied for renewal of my EAD and AP just this morning (which I could have avoided if I had read this document). It's pretty clear that you can work on H1 as long as you are with one employer and still can travel on AP.

You should also remember that once you use your EAD for work, your H1-B status is not valid anymore. In this case you always have to use AP to enter US.