Can one remain in H1 once used AP?

A

aisage

Registered Users (C)
Hi, guys.

Please kindly answer my question.

I understand once you start working with EAD, you are not in H1 status any more. How about using AP to travel and return to US? Once used AP, can I still stay in H1 status?

I read from some posts saying yes.

Thanks! :confused:
 
Why do you need to travel on AP if you have a valid H1?

You can only use AP if you are using your EAD - these two go hand-in-hand.
 
CK510

CK510.

Thanks for the reply.

I am in H1 status, but never had an H1 visa before. I thought it is more risker to apply for H1 visa stamp outside of US than using AP to return back to US.

I asked my lawyer about this question, and he said it was not clear on this issue at current time.

I believe that before you use AP, you should have EAD at hand, then when you come back, you lose H1, and start using EAD.

Best regards,

aisage:)
 
Re: CK510

Originally posted by aisage

I am in H1 status, but never had an H1 visa before. I thought it is more risker to apply for H1 visa stamp outside of US than using AP to return back to US.
Click to expand...

Aha - now I understand your question. I didn't not know that you were in a different status earlier. Yes, I've heard it is riskier to get a stamp from a consulate.


I believe that before you use AP, you should have EAD at hand, then when you come back, you lose H1, and start using EAD.
Click to expand...
Yes.

I am not sure of your prior visa status, but have you explored the 'revalidation' route? This may only be applicable for revalidation of the same visa and may not apply in your case. In any case, here's the link

http://travel.state.gov/hlop.html

If you are eligible, then this is the best route as you can get your passport stamped here in the US itself.

Another option is to check with another lawyer (directly or indirectly). Murthy has a chat that she holds almost every monday evenings (she's out next monday) and your question is general enough to ask in the chat (www.murthy.com). Worst case: she will say the same thing as your lawyer.
 
RE: ck510

Thanks a lot for the info you provided.

I was in F1 before, so I can not revalidate my H1. I will check out Murthy's talk.

Best luck with you all.:)
 
you can maintain H1 after AP use

I read here on EAD/AP forum that you CAN maintain H1b status even after AP use provided that you have not used EAD. I asked authentic personels dealing with immigration processes and got the same answer. Even I am in the same boat as you, have valid H1b but not stamped on passport and am planning on using AP for reentry.
hope this helps
thanks
skusa
 
But you need have valid H1 to maintain H1 status. Once you go out of country you will surrender your I-94. Now when you enter you will have new I-94, which you got by showing Advance parole. You need to get stamping to maintain H1 status.

H1 can co-exist with Pending AOS. But it should be valid.
 
I am told by the immigration personel at my univ that after using AP, one can still be on H1b even if do not have it stamped on passport as long as one is having all valid visa papers. I think the only problem here is if one want to change the job then H1 to H1 transfer is not possible and one has to then work on EAD.
thanks
 
It will not be a problem as long as you do not go out side US. If you go out side US you need have H1 stamping to maintain the H1 status after you return to US. I think even if you change the job also not a problem. Please confirm it with some attorney like Murthy or Rajeev

http://www.usvisanews.com/wedquest091003.html
 
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