Is H1 required after EAD/AP approval?

S

saibhan

Registered Users (C)
Currently I have EAD/AP but H1 (8yr) is expiring next month.

1. Is it possible to extend/renew H1? If yes, what are the pros & cons.

2. Suppose if I apply for renewal. Do I have to wait until I get my H1 renewal approved before travel?

Thanks in advance
 
Your AP and H1b are un-related in context to travel. you can travel with AP when H1b is pending/approved

I am in the same boat, Planning to maintain h1b status till I-485 is approved.

Pros:
1. Its a backup plan, Just in case 485 gets messed up , can revert to h1b (refile GC )

Con:
1. expensive
 
For saibhan

Even though I use AP to travel, I would make sure that the new I-797 is approved. This is required to maintain the 'H' status on return.
 
manwithnoname said:
Even though I use AP to travel, I would make sure that the new I-797 is approved. This is required to maintain the 'H' status on return.
Click to expand...

This may have been discussed earlier in other threads, but my question is does it make any difference in holding H1B extension (after completing of 6 years) or EAD?
The reason for extension is pending application, if that gets denied, there is no point in validity of H1B, right?
Please correct me if I am wrong.

For example if somebody on 3 year extension (after 140 approval) and when there is some time left in this 3 years, if pending 485 gets denied, can that person stay in US and continue to work on H1B and file another GC?
 
panjan04 said:
This may have been discussed earlier in other threads, but my question is does it make any difference in holding H1B extension (after completing of 6 years) or EAD?
The reason for extension is pending application, if that gets denied, there is no point in validity of H1B, right?
Please correct me if I am wrong.

For example if somebody on 3 year extension (after 140 approval) and when there is some time left in this 3 years, if pending 485 gets denied, can that person stay in US and continue to work on H1B and file another GC?
Click to expand...

Am fairly certain they can, but better confirm with a lawyer.
 
In case of 485 denial, one can legally stay and work in the U.S. until the expiration date of the already-approved H1B extension. This will leave precious time to figure out a solution, and is precisely the reason for keeping H1 parallel with AOS.
 
I talked to my attroney & he says that there is no point in getting H1 renewed after getting ead / ap . In case of any unforeseen he says we can always get back to H1B. Is it true?
 
saibhan said:
I talked to my attroney & he says that there is no point in getting H1 renewed after getting ead / ap . In case of any unforeseen he says we can always get back to H1B. Is it true?
Click to expand...

If your h1b has expired, there is no way of getting on to it. the h1b has to be current.

remember, in case of *unforeseen* EAD,AP gets invalid, situation=out of status. if you have *valid* h1b you can revert back to it.
 
Why you all talk about H1b extension and approval - do you also mean a h1b stamp in the passport?

In other words, in order to keep your h1b 'alive' until 485 is approved (to have a plan B in case 485 is rejected), do you have to get an h1b stamp in your passport, or just a notice of approval is enough to switch back to H1b?
 
I-797

Ooz said:
Why you all talk about H1b extension and approval - do you also mean a h1b stamp in the passport?

In other words, in order to keep your h1b 'alive' until 485 is approved (to have a plan B in case 485 is rejected), do you have to get an h1b stamp in your passport, or just a notice of approval is enough to switch back to H1b?
Click to expand...

when I mean H1b current, I am talking about I-797 document from INS.
 
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