Do we need to file for AP

B

bhand11683

Registered Users (C)
Hi

We are canadians and I am on H1-B and my wife is on H-4. We have just filed for our 485. We have also filed for EAD so that my wife can work and I can also use the advantage of AC-21 portability if required.

My question is , Do we need to file for AP's or not. We have just renewed our I-94 for H1 and H4 for 3 years ending in 2010 and we do not require visas to come to US. So if we go to Canada/fly outside , do we need AP's to enter assuming we are both working on EAD's

Thanks
 
Not required for travel.But if you use your EAD you will loose your H1.you will be in AOS status
 
Thanks so much

You guys rock !!!

One more thing, is there any disadvantage of converting to an EAD from an H1B. I have just got my 8-9-10 year renewal of H1-B and also have the option to move to EAD
 
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bhand11683 said:
One more thing, is there any disadvantage of converting to an EAD from an H1B. I have just got my 8-9-10 year renewal of H1-B and also have the option to move to EAD
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If you're a Canadian citizen and therefore visa-exempt and you plan on staying with the H-1 employer, the H-1 will save you from needing AP to travel. If you do use the EAD, you need to pay the fees to renew it every year, and pay for AP if you want to travel.

You'll probably want the EAD as insurance just in case you lose your job, but the AP can get expensive if you need to renew every year for a while. Additionally, if you lose your H-1 status your H-4 dependents will require AP as well, and if you have several of them it can get REALLY expensive.

I stayed on H-1 for most of my three years waiting for the I-485 to come through, until 60 days before the I-485 was approved.
 
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