AP Question

S

smellsgood

Registered Users (C)
Is it true that when you apply for the AP (travel document), you won't change your H1-B status untill you use your AP? That means, I will stil have H1-b until i re-enter the US, and after that, I lose my H1-B. I am thinking of taking a trip out of the US and can't seem to get my GC approved anytime soon. My lawyer, who suggested not to apply for the AP and EAD because it will complicated my case thus get delays. Will there be any trouble if I apply for AP and EAD? What are the pros and what are the cons? And what if I applied for AP and EAD and before get approved for both, I got approved for GC - in which I highly doubt about its possibility but just in case I got lucky. Thank you in advance to share your info. Really appreicated!!!:D
 
1)If you have a valid H1 until you return, you don't need an AP.
2)If your H1 would expire b4 you return, then you need an AP to re-enter.
3)Just an re-entry using AP, with a valid H1 WOULDN'T VOID H1 status. This is my understanding...!!
4)Using your EAD for work purpose would VOID your H1 thereafter..
5)Applying EAD/AP wouldn't complicate your 485 Case.

Just my thoughts...Correct me if I'm Wrong.
Consult your lawyer for more details on this.
:eek:
 
Is it true that when you apply for the AP (travel document), you won't change your H1-B status untill you use your AP? That means, I will stil have H1-b until i re-enter the US, and after that, I lose my H1-B.

You are right. You will loose your H1-b, if you use your AP to re-enter. Bye the way, why do you want to use your AP, when you have H1-b? Don't you have the visa stamped in your passport?

My lawyer, who suggested not to apply for the AP and EAD because it will complicated my case thus get delays. Will there be any trouble if I apply for AP and EAD?

No. There will not be any trouble in your GC processing, if you apply for AP and EAD.

What are the pros and what are the cons?

If you are laid-off, you will immediately be without any job. You can't work anywhere without EAD and you can't travel outside US without AP. You can still stay in US, hoping that your case is approved without any RFE for employment letter and paystubs. If it comes, you are in really soup.

And what if I applied for AP and EAD and before get approved for both, I got approved for GC - in which I highly doubt about its possibility but just in case I got lucky.

Once your I-485 is approved, all the pending AP & EAD applications against that A# will not be processed.
 
Anyone who knows for sure on this..
1)Would using AP for entering VOID H1B Status..
I guess it's not...but would like to know..
Thanks, :confused:
 
My H1-B is valid but stamp on the passport is expired.

This is why I will need AP to re-enter as I need to travel to other countries other than my home country when I can re-validate my H1-B and get a new stamp.

Another question is if I apply for AP and EAD at the same time and get approved, and returned to US w/t any problem. If I lose my job, where do I stand with the EAD card? Can I legally stay? Can I work for other companies at any time?

Thanks much for all your replies.
 
vijayrc,

I know that for sure from my lawyer, my friend who used her AP, and the thread here that if you used your AP to enter this country, your H1-B will be void. Basically, using AP is an immigrant during the adjustment status and H1-b is a non-immigration visa.

Hope this clarifies.
 
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