Any recourse - Forced to use AP even though H1 status was valid.

S

Sydney

Registered Users (C)
I returned from India yesterday and at Newark airport was told I have to use my AP even though I have a valid H1 status along with a valid H1 visa stamp. This contrary to what my lawyer told me and what I have read. I was planning to maintain my H1 until my I140 was approved. My wife was going to use the AP/EAD in the mean while. The whole AP thing started when my wife tried to use her AP instead of H4. I feel I am pretty exposed at present. My H1 is/was valid until 2006. Is there any way to switch back to H1 status? I will speak with my lawyer tomorrow. Any input will be appreciated. I am planning to file a complain with someone. At the airport I was not in much of a position to argue.

Thanks.
 
If confirmed by my lawyer tomorrow - this will be a big relief. I thought by using the AP I voided my H1B.

Thanks for your response.
 
Originally posted by dynobuoy
Using Ap doesn't void your H1B status. You are still on H1B!

hth
dyno
Click to expand...

Does any one got H1 stamped/ new H1 approval after entering using AP? Becouse I heard from some unconfirmed sources that such case was rejected.
Take care
 
Lawyer confirmed I can still maintain H1B status after using AP. Also indicated that the H Visa is a dual intent visa one can still get a new H1 Visa stamp after using AP (in theory anyway)
 
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