AP or H1 ?

B

BostonFish

Registered Users (C)
I have a valid H1 and H1 visa stamp on my passport and both of them are good until 11/2003. Also i have valid AP. is it safer to use H1 or AP while re-entering USA?


RD:11/30/01
ND:12/13/01
FP: 02/23/02
 
H1

I'm not a lawyer, but i think it is a simple question.
Big question:
Are you working on H1 or on EAD now?
If you are working on EAD, you MUST travel on AP.
If you are working on H1, you CAN travel on AP, but i'd rather you travel on H1. First of all, if you work on H1 and travel on AP, you'll have to give your HR your EAD and redo the I-9, as your status now changes from H1 to Immigrant. Second . . . Imagine your I-485 is denied. 99.9999999 it's not going to happen. So, relax. But sometimes there might be technical errors, INS screw-ups, etc. you just never know 100%. As far as I understand, if you are still in H1 status and your I-485 gets denied you are not really in any trouble. But if you lost your H1 status you could be.

So, travel on H1 if you haven't lost your H1 status yet.
 
dr_hangup,
Thanks for your advice. Even my attorney suggested me the same and i just wanted to verify that with folks like you. Initially, my attorney asked me to get my AP so that he can get his fee from that and now he's changed his position. Currently, i'm working on my H1.
 
having AP

BostonFish,

Having AP is good. In this world of paperwork, attorneys and beurocracy, you need all the papers you can get. plus, most of the time, company pays attorney fees. Having AP just in case is great. My visa stamp expired and i may not be able to get one in a timely manner. I had to change my passport. Now they will tell me that i can't get renewed stamp because i don't have the old one (i do in another passport). etc, etc.
I may have to use AP myself this coming December, unless i get approved before (it's about time! my rd is 09/06/2001).

Good luck!
 
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