AP and H4/H1

T

the_ox

Registered Users (C)
I/wife have a valid h1/h4 till 2006. I am applying for the I140/I-485 concurrent and I've heard that one can apply for AP for both self and spouse while I140/I485 is being processed. However, I also heard that:

1) If I/wife plan to visit India sometime after we start the concurrent process, will we HAVE to go on AP? Can we not use our H1/H4?

2) If we do use the AP for travel and if the I140/I485 gets rejected for some reason then do I stand to lose my status and at that point I will have to go to India to get a new H1?

3) Also I heard that applying/receiving an AP has no impact on the individual's status but actually using the AP for travel does as mentioned in point 1.


I am sorry if i am asking something that was answered before.
 
the_ox said:
I/wife have a valid h1/h4 till 2006. I am applying for the I140/I-485 concurrent and I've heard that one can apply for AP for both self and spouse while I140/I485 is being processed. However, I also heard that:

1) If I/wife plan to visit India sometime after we start the concurrent process, will we HAVE to go on AP? Can we not use our H1/H4?
----------If your H1B is valid you can still travel on H1B.No need to use AP even if you have one and if you have not used EAD.
While you renter on H1b from Trip,don't mention about your AP to POE officer.You will have I94 stamped for H1B.
2) If we do use the AP for travel and if the I140/I485 gets rejected for some reason then do I stand to lose my status and at that point I will have to go to India to get a new H1?
----Maintain H1B always.it is safe.If you use EAD and AP,485 rejection will
render you out of status later.If you mainatin H1 status,you are safe even when 485 rejected.

3) Also I heard that applying/receiving an AP has no impact on the individual's status but actually using the AP for travel does as mentioned in point 1.
--If you use EAD/AP, your I94 will have notation of AP and period validity will be up to AP validity and 485 results will affect status.To be on H1 again you need to leave country and reenter on Valid H1B.


I am sorry if i am asking something that was answered before.
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