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AP and H1 Status
- Thread starter Jawan
- Start date
feb140 is incorrect
Once you use AP, your status is that of an adjustee temporarily paroled into the US. Your status is *not* H-1, therefore your H-1 does not confer employment authorisation upon you. If you enter with AP, you need EAD to work. If you work with EAD, you need AP to re-enter the US.
Once you use AP, your status is that of an adjustee temporarily paroled into the US. Your status is *not* H-1, therefore your H-1 does not confer employment authorisation upon you. If you enter with AP, you need EAD to work. If you work with EAD, you need AP to re-enter the US.
I agree with Canadian...
that\'s to the best of my understanding, too.
what you could do is apply to a u.s. consulate for an H-1 visa while in your home country, which, if approved, will be stamped in your passport. you can use that to re-enter the u.s., and thus preserve your H-1 status.
however, if the reason you don\'t have an H-1 visa stamp in your passport is that you initially entered the u.s. in a different status (e.g. B-1/B-2), landed yourself a job and changed status to H-1, then by all accounts applying for an H-1 visa in your home country would be a hazardous exercise... so you might be better off using your AP to re-enter.
I must add the disclaimer: please do not consider this legal advice, for which please consult a lawyer. this is simply the course of action i would take in my own case.
that\'s to the best of my understanding, too.
what you could do is apply to a u.s. consulate for an H-1 visa while in your home country, which, if approved, will be stamped in your passport. you can use that to re-enter the u.s., and thus preserve your H-1 status.
however, if the reason you don\'t have an H-1 visa stamp in your passport is that you initially entered the u.s. in a different status (e.g. B-1/B-2), landed yourself a job and changed status to H-1, then by all accounts applying for an H-1 visa in your home country would be a hazardous exercise... so you might be better off using your AP to re-enter.
I must add the disclaimer: please do not consider this legal advice, for which please consult a lawyer. this is simply the course of action i would take in my own case.
No Title
check this out: tinoo "Traveling with AD and converting back to H1. Please advice." 5/7/02 11:32am
I talked to my attorney after I saw this posting. He still says that I "need" H1 stamp in my passport to continue to use H1, if I travel outside US. If I use AP, I need to switch to EAD.
check this out: tinoo "Traveling with AD and converting back to H1. Please advice." 5/7/02 11:32am
I talked to my attorney after I saw this posting. He still says that I "need" H1 stamp in my passport to continue to use H1, if I travel outside US. If I use AP, I need to switch to EAD.