Can I convert from EAD to H1B again

T

tdk5

Registered Users (C)
Hi folks

I need help and clarification on a few things.

I filed 485 last month and am on H1B and visiting India currently. I have filed for my H1B extension also but haven\'t got it and my current H1B has expired. I took AP and EAD when I left the country.

Can I come back using AP and then revert back to my new extension H1B after I get it. How complex is the process. I plan to go back to India next month or so again to get married and then add my wife also to my AOS petition.

What are the best options I have.

1) Can I use my AP to get back now and revert back to my new extended H1B so my wife can get H-4 also. I do not plan on using an EAD but my understanding is that my H1B is invalid when i use my AP.

2) If I cannot go back to my H1B can I do consular processing for my wife only while my AOS is going on here. Or do both of us have to convert to CP only. Do they allow primary to have an AOS and the dependent a CP

I know this is a complex question. But any of you folks out there with knowledge, experiences you may know of will defintely help me with my situation.

Thanks in advance for all your help
 
No Title

Hi tdk5,
   I do not know what made you to complicate your status. I am sorry to hear.

    Q1 : You are correct. Once you use AP,you can not work in H1-B. You have to use EAD to work.
    Q2 : I believe that your wife can go with CP while you are continuing with your I-485.

    Wish you all the best.
 
Few important Notes: After using AP also still you can be on H1-b

hi,
Most of the people are assuming that once if you use AP to get into
this country then that will invalidate ur H1 status. This is NOT NOT
correct.
Even if you use your AP still you can be on H1-b visa status.
You can move from H1-b to EAD to H1-b also.

I spoke to one of the very famous/popular immigration attorney about
above questions and that is the info that I got from them.

I hope that helps. ( that\'s a new law ; and made effective from Mar\'2001)
 
From Murthy Chat

Chat User : Great service, Murthy. To change from EAD to H1B, does one have to leave U.S. to get it done? Thanks.

Attorney Murthy : If the earlier H1B had expired, then to switch back from AOS pending with EAD card back to the H1B, one could either apply for the H1B visa abroad or possibly apply for the COS to H1B within the U.S. based on the March and May 2000 INS Memos on AOS and H1B.
 
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