can I use AP while working on H1B

F

feelinglucky

Registered Users (C)
Dear all,

I am working on my H1b, but my visa stamping on my passport will expire in march. I would like to go my home country and it takes a while to get h1b stamped on my passport becase of waiting times. I already have ead and AP but i have,nt used them. So when I go to my home country can i return to US with out my H1b extension but travel on AP??? Your suggestions would be great help for us.

Thank you in advance
 
This is what AP is for.

feelinglucky said:
Dear all,

I am working on my H1b, but my visa stamping on my passport will expire in march. I would like to go my home country and it takes a while to get h1b stamped on my passport becase of waiting times. I already have ead and AP but i have,nt used them. So when I go to my home country can i return to US with out my H1b extension but travel on AP??? Your suggestions would be great help for us.

Thank you in advance
Click to expand...
 
Of course you can use your AP instead of H1B at POE in US. But while coming back to US if you have connecting flight in Germany (For example) then you should have either a valid transit visa or a valid US visa. Check the consulate of the country you are in transit while coming back.
 
my 2 cents..

When you use AP at POE then will stamp your passport and I-94 as AOS. If you are going to continue to work for same employer then you will be on H1 and you don't even need to have EAD.
 
its not who is right...?

mahialtro said:
I guess ,JkVaishnavi is the right!
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Hi
If you use the passport stamping at POE you can be at H1B, If you use AP in POE, means no valid visa in passport urs will automatically turned in to EAD.. Get the visa stamping before POE you can continue in H1B, If you use AP in POE you have to be in EAD after that... Thats why they give EAD with AP. I am not a lawyer, choose your coice.
 
yadav1 said:
Hi
If you use the passport stamping at POE you can be at H1B, If you use AP in POE, means no valid visa in passport urs will automatically turned in to EAD.. Get the visa stamping before POE you can continue in H1B, If you use AP in POE you have to be in EAD after that... Thats why they give EAD with AP. I am not a lawyer, choose your coice.
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No one can automatically be turned to EAD. To work on EAD you need to file I-9 with employer.
Also check this
http://www.murthy.com/chatlogs/chat0112_P.html

Chat User : Hi, Murthji. Can I enter using AP (I-140 is pending and I’m working on H-1) even though my spouse is in H-4 status (staying here) not traveling with me? What is our status? Thank you.

Attorney Murthy : It is possible to do that since there is a lot of confusion in this area. If your spouse on H-4 is not traveling with you, the USCIS is not concerned. Also, even after entering on the AP, a person is allowed to extend the H1B and the spouse or family's H-4s from within the U.S. by filing extensions, as long as the principal continues to work for the H1B sponsoring employer. A person has dual status, both H1B and AP, since entering as a parolee does not preclude filing the H1B extension shortly after entry or later.
 
Wrong! Using AP doesnt invalidate H1B

Please dont spread misinformation based on faulty logic.
I have used AP to enter the country while on H1B and renewed H1 for the next 2 yrs with no hitch. Your H1B approval permits you to work in the country and a visa is just an entry permit.

yadav1 said:
Hi
If you use the passport stamping at POE you can be at H1B, If you use AP in POE, means no valid visa in passport urs will automatically turned in to EAD.. Get the visa stamping before POE you can continue in H1B, If you use AP in POE you have to be in EAD after that... Thats why they give EAD with AP. I am not a lawyer, choose your coice.
Click to expand...
 
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