AP issue, please help.

curious100

Registered Users (C)
Gurus,
I filed I485 last year and got AP. I am not using EAD since I am on H1. I plan to travel abroad in October and use AP to come back (I don't have a valid H1 visa stamp on my passport). My question is after using AP, can I still work for my current employer on H1? Or I have to use EAD? If the latter is the case, I can't use AP since I don't have a valid EAD and even if I apply now, it can not be garunteed when I come back.
Thanks for your help.
 
You can work for your employer on H1 after using AP. AP and EAD are not connected. I did this 3 times and there was never a problem: all during AOS I've been on H1 and I went abroad 3 times, all on AP and I continued working on H1.
 
curious100 said:
Gurus,
I filed I485 last year and got AP. I am not using EAD since I am on H1. I plan to travel abroad in October and use AP to come back (I don't have a valid H1 visa stamp on my passport). My question is after using AP, can I still work for my current employer on H1? Or I have to use EAD? If the latter is the case, I can't use AP since I don't have a valid EAD and even if I apply now, it can not be garunteed when I come back.
Thanks for your help.
ruxrux is absolutely correct.

See the Cronin Memo for more details.
 
Curious100,
I did it once and ruxrux and max2k1 are correct but there is a catch.
Sometimes airlines and even officers at POE ask for EAD as a proof of employment eligibility. So, if you do not have one, make sure you take your H1B approval notice and the USCIS memo max2k1 mentioned describing this situation and be prepared to do a lot of explaining. This is a relatively new thing and not everyone is aware of this. It used to be the case that if you use AP, your H1 is invalid and many people still see it that way.
-NS
 
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