AP and H1B

[wewli]

Hi you all,

Can a person use a AP to leave and come to teh States and then latter on switch to a H1-B status while still in AOS.

Thanks.

 

[rk2]

No Title

As far as I know, its not possible. But this just my knowledge and I may be wrong.

 

[jaxen]

Yep can do...

Your H1 should be valid throughout the period of travel. i.e. if you had status but no stamp, you can use AP to travel and then start using H1
For this your H1 extension should have been applied or approved before you leaving US.
Since the employment category is maintained by the employer (and rarely sent to INS) you need your employer to be on the same page.

 

[wewli]

Q

Thanks for your input. My question is:

say I am a F-1 student but I have I-485 approved and have got AP. Can I apply for a H1-B status with the starting date after my travel date. So I can travel abroad and come back with AP, and then starts using H1-B status to work. In this case, if my I-485 is denied latter on, I can still on my H1-B status.

Is this okay?

Thanks.