AP approved but no EAD

S

sam75ny

Registered Users (C)
AP has been approved but due to wrong photos submitted by lawyer, slight delay in EAD approval. AOS is in progress and I am working with the employer who has sponsored the process.
I have an H1-B visa that has not been stamped in the passport yet and now it's too late to get it stamped. It is also based on old salary and my immigration people tell me that new H1 should be filed to reflect new salary.

Can I leave the US and enter just with AP? What options do I have? I need to leave in two months to travel out of the country.
Can I present the H1-B visa if it's not stamped on passport?

Thanks in advance.

sam75ny
 
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Do you have an old expired H1 visa stamp in the passport? Then you need not worry, you can travel using H1 status. After coming back you can apply for the H1 amendment. See the H visa forum for more details.
 
Thanks. Yes I have old expired H1-B visa stamp on passport.

So I think what my immigration HR people are saying is wrong. One simply cannot return to the country on AP which is what they are claiming. There needs to be a valid visa (h1-b in my case) or EAD present at the point of entry. A letter from the company stating current employment status is also not sufficient.

I will check posts H1-B forums regarding amendment. Let me know if my above paragraph is correct in your humble opinion. I really appreciate your response. Convincing my HR to even file an amendment will be an arduous task.

sam75ny
 
To work you need a H1B or EAD or something similar...

To enter the country you need a valid visa stamp (H1 stamp) or Advance Parole..
 
Ok thanks. So to summarize, in order to ENTER into the United States, AP is NOT enough. Along with AP, one must present proof of employment in the form of H1-B or EAD. Correct?
 
Sam: You got it all wrong. If you are traveling in AP, you dont need a H1 or EAD. Where did you get this notion?

All I suggested was that you dont even need AP or a new H1 stamp. You can come in using H1 and get the stamp later.

Even after using AP, you can go back to H1 without any issues.
 
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