Urgent help with H1b and AP HELP WANTED

Q

questhlp

Registered Users (C)
I have valid EAD, AP until 2005 with Approved I 140 and with I 484 Receipt number.
Recently I got my H1b extension valid until 2006. My visa on the PP expired in April 2004.

Questions
+++++++++
Once I have my AP, I am not sure if we require H1B extension? Do we and if so why?

Do I still need a valid visa stamped in my PP to leave and come back to USA.

If I get my H1B visa stamped in my PP, will my GC process be denied ( will they cancel my AP and 485 ).

If I use my AP without going for stamping, then will I be treated as H1B visa holder.

I am confused with this H1B visa and the 485, AP. I read on one thread that if we enter into USA with AP then we will not be eligible to use the H1B visa and vice versa.

Please help , I made arrangments to visit India, I am not sure what to do.

Thanks everyone for taking time to go through my issue.
 
Questions
+++++++++
>Once I have my AP, I am not sure if we require H1B extension? Do we and if so why?

AP and H1B are not connected, they are for different purposes. AP is for entering US, It like the stamping on your PP and h1b is an authorization to work. Since you have a valid EAD you dont need an h1b extension

>Do I still need a valid visa stamped in my PP to leave and come back to USA

NO. You can enter with a valid AP

> If I get my H1B visa stamped in my PP, will my GC process be denied ( will they cancel my AP and 485 ).

NO

> If I use my AP without going for stamping, then will I be treated as H1B visa holder

Yes you can still work on h1b, Your status is AOS


> I am confused with this H1B visa and the 485, AP. I read on one thread that if we enter into USA with AP then we will not be eligible to use the H1B visa and vice versa.

This is not true. You are still in h1b as far as you work for a same employer. You can either use EAD or h1b to change employer if you choose to.


Disadvantage of using AP : Some counties will require you to have a transit visa if you plan to enter US on AP and dont have a valid stamp on you PP


my .02 cents. Consult a lawyer for accurate information
 
To put it simply...

Think of EAD as an equivalent of H1 approval/extension papers. You need one or the other to work.

Think of AP as equivalent of H1 visa stamping in your passport. You need one or the other to enter the country.

Now, the only condition is... if you are using your H1 visa to get into the country, you should have a valid H1-b status. But if you are using AP to enter the country, you could be working using either EAD or H1 papers. Thats my impression but I could be wrong. Somebody correct me if I am wrong.
 
Couple of clarifications:

1. If you use AP to enter the US: Then you are no longer on an H1B status. If your GC gets denied then your legal status will be affected, unless you file a notice to reopen immediately.

2. If you use AP to get back to US: To be back in H1B status, you need to reapply for H1B status and have to go to a consulate outside US, to get your H1B stamped.

3. Other than this EAD/AP and H1b are comparable, except that with EAD/AP you are not tied to a single Employer like the H1B and can use AC21.

I may be wrong, but this is what I heard from my lawyer 9 months back. Unless things have changed in the recent months.
 
SG_VA said:
Couple of clarifications:
2. If you use AP to get back to US: To be back in H1B status, you need to reapply for H1B status and have to go to a consulate outside US, to get your H1B stamped.
Click to expand...

Let me know if I understood you right-

Say I am on an H1B status and my employer has used my H1B status to be on his payroll. Meanwhile, I got both EAD and AP and didn't use any till now. Now, if I travel out of USA and enter the country using my AP... I have to use my EAD to be on the payroll and cannot continue to use the H1B to be on payroll (I am not talking about H1B visa to travel here)? And to continue to use the H1B in the payroll, I have to reapply for H1B status again?

My impression was different but I cannot say I myself am sure. I wanted to clarify.
 
Last edited by a moderator:
When you enter US on AP your status is pending AOS. So if you want to be back on H1B status you need to reapply. That is my understanding.
 
SG_VA said:
1. If you use AP to enter the US: Then you are no longer on an H1B status. If your GC gets denied then your legal status will be affected, unless you file a notice to reopen immediately.
Click to expand...

AP and H1B status is not connected as is mentioned by one of the earlier posts. AP is just re-entry document - nothing more than that. It does not alter or dictate any status or status change after re-entry is done. So your H1 status remains as H1 status. Here H1 status means:
1. You have valid H1 approval
2. You have valid H1 stamp on passport.


SG_VA said:
2. If you use AP to get back to US: To be back in H1B status, you need to reapply for H1B status and have to go to a consulate outside US, to get your H1B stamped.
Click to expand...

Not true. You don't need to re-apply because you already have valid H1 approval and that approval is valid for the timeframe spcified in approval. All you have to do is get a new H1 stamp on passport (if that expired) from consulate.
 
My understanding is, once you use your AP your status automatically changes to AOS. If your I-485 is denied, you will be out of status immediately even though you have valid H1. But if you don't use your AP and continue using H1 then even if your I-485 gets denied, you can be here till your H1 VISA is valid.
 
One other thing, I think the reason your status changes to AOS is because INS officers at port of entry will mark your status as AOS in your records.
 
As I understand, your status is what's called dual status: AOS/H-1B.
I have used AP early this year, and my attorney is now preparing to file my H-1B extension. As far as I undertsand there should be no conflicts between AP and H-1B extension.
 
Another question... this is for my wife.

She was on H4 status with a valid (till aug, '05) H4 visa stamped on her PP.

She then got a job and got her H1 papers approved. But never got H1 visa stamped on her PP.

She also got her EAD and AP but continued to work on her H1 papers. EAD and AP are valid till April, '05.

She then left her job and converted her status from H1 to H4 again.

I have following questions -

1) If she travels abroad and if she wants to use H4 visa, can she use her valid old H4 visa (valid till aug, '05)? Or should she have to get a new visa stamped on her PP?
2) If she travels abroad and doesn't have time to get H4 stamped again (if that is necessary... if she cannot use her prior H4 visa), can she use her AP? If she uses her AP to enter the country, what happens to her approved H4 status? would it become invalid?

Thanks in advance.
 
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