AP or H1B stamping?

V

v_ganeshraju

Registered Users (C)
Hi,
My H1B visa stamping(not H1B itself) has been expired. If i start using my EAD. Can i just use AP to return US, or can i get H1B stamping again in my country (though i am working in EAD).

Thanks,
GR
 
v_ganeshraju said:
Hi,
My H1B visa stamping(not H1B itself) has been expired. If i start using my EAD. Can i just use AP to return US, or can i get H1B stamping again in my country (though i am working in EAD).

Thanks,
GR
Click to expand...
Your H status ended the day you started working on EAD. So you are NOT in H status now and you CANNOT get H stamping abroad (unless you want to get back to H status, that is).

In that case, the only option you have is to enter using your AP.
 
Hi,

I have already asked this question in this forum and got the answer but our lawyer gave a different answer so can someone clarify this with me again..


I'm planning to go to India and don't have a valid visa in the pasport so planning to enter into US with AP(had EAD and approved I140 ). Will it invalidate the H1????( which got approved from the date our visa got expired to 2008)..I'm still working on H1 and wanted to work on H1 till my GC comes.

Can someone Please clarify..
Thanks,
 
kansar said:
Hi,

I have already asked this question in this forum and got the answer but our lawyer gave a different answer so can someone clarify this with me again..


I'm planning to go to India and don't have a valid visa in the pasport so planning to enter into US with AP(had EAD and approved I140 ). Will it invalidate the H1????( which got approved from the date our visa got expired to 2008)..I'm still working on H1 and wanted to work on H1 till my GC comes.

Can someone Please clarify..
Thanks,
Click to expand...
NO it will NOT invalidate your H1 in any way.
You lose H status only by working on EAD - merely having one is fine.
Also entering on AP will NOT impact your H status -- you can return on AP and continue to work for this employer on H status till you get the GC -- ABSOLUTELY no problems with that.

If your lawyer is telling you otherwise, he/she is mistaken :)

See the Cronin Memo for all the details.
 
max2k1 said:
NO it will NOT invalidate your H1 in any way.
You lose H status only by working on EAD - merely having one is fine.
Also entering on AP will NOT impact your H status -- you can return on AP and continue to work for this employer on H status till you get the GC -- ABSOLUTELY no problems with that.

If your lawyer is telling you otherwise, he/she is mistaken :)

See the Cronin Memo for all the details.
Click to expand...


Thank you max2k1 for sending the link and also for your reply..
 
Using EAD invalidate approved H1B?

Hi max2k,

If I use EAD does it invalidate approved H1B. If some how I want to return to H1 do I need to file seperate H1 or just I can go for stamping using on old approval? Pleasse direct me to a link if there is one which explains this.
I appreciate your input.


Regards,
 
gc4now said:
Hi max2k,

If I use EAD does it invalidate approved H1B. If some how I want to return to H1 do I need to file seperate H1 or just I can go for stamping using on old approval? Pleasse direct me to a link if there is one which explains this.
I appreciate your input.


Regards,
Click to expand...
AFAIK, after you use EAD, you can't use the old approval notice to get a stamp -- you need to get a new H approved.
 
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