AP and EAD !

GC69

Registered Users (C)
Quick question !

1. If I use AP, does it means I will loose my H1 and will automatically move to EAD ? I have pending I-485 but approved AP/EAD.

Guru's: Please Suggest !

PD: Jan 04 (EB3)
 
Quick answer:

Yes, you will lose (not loose!) your H-1B status, but no, you don't have to move automatically to EAD. It goes like this: If your H-1B papers are still valid, and you work for the same H-1B sponsor when you come back as a parolee, you can work for your H-1B sponsor for the duration of your H-1B validity without an EAD even though you are not in H-1B status. If you file an extension of your H-1B documents later on, that will reinstate your H-1B status once approved.

So basically you will be a parolee (not H-1B) but are allowed to legally work by virtue of your current H-1B documents. If you go anywhere else or take a second job, then you'll need to use your EAD.
 
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