Confuse on EAD, AP and H1 combination

[maverick17]

I am really confuse here
-- My lawyer says that if I apply for AP and dont apply for EAD and stay on H1 then I can reenter USA using AP and work on H1.Please confirm is it a tru statement.
--What if I dont apply for EAD and AP and stay on my H1 as I have no plans to quit the job nor to travel in near future.
--Or should I apply for EAD and AP?????
PLEASE ADVISE!!!!

 

[GotPR?]

Read this for AP reentry.
http://www.shusterman.com/cronin51600.html

 

[great guru]

z

I am really confuse here
-- My lawyer says that if I apply for AP and dont apply for EAD and stay on H1 then I can reenter USA using AP and work on H1.Please confirm is it a tru statement.
--What if I dont apply for EAD and AP and stay on my H1 as I have no plans to quit the job nor to travel in near future.

Apply EAD & AP but do not use it, keep continue on your H1 until your I 485 gets approved.


--Or should I apply for EAD and AP?????
PLEASE ADVISE!!!!

 

[maverick17]

This thread is really useful. I have a question and will appreciate if you can answer...

I am on Valid H1 till 2008, the H1 is not stamped. I have to apply for GC thru marriage. If I apply for AP and not for EAD and travel using AP then after I re enter using AP then accroding to what I have read is:

-- I can work for the same employer but on a parolee status and not on H1 status and I wont be needing EAD too..is that right.
--If I will be working on parolee status then do I need to apply for H1 again or can i work on parolee status till I get my gc or till 2008(H1 validity)
--If in case What about after 2008???
-- what difference it then make being on H1 status and being on parole status ???

Thanks a lot

 

[great guru]

To work with any employer you need h1 or a valid work permit/GC or USC. AP is just a re entry permit (Once you re-enter that permit is no more valid) it will not give any authorization to work.

Consider you came to US under visitor B visa and get married to US Citizen and apply for GC. You got AP but no work authorization. In what basis will employer allow you to work.???

Once you use your AP to re-enter, your H1 can not be renewed.

Better get your work authorization and start working with it.

This thread is really useful. I have a question and will appreciate if you can answer...

I am on Valid H1 till 2008, the H1 is not stamped. I have to apply for GC thru marriage. If I apply for AP and not for EAD and travel using AP then after I re enter using AP then accroding to what I have read is:

-- I can work for the same employer but on a parolee status and not on H1 status and I wont be needing EAD too..is that right.
--If I will be working on parolee status then do I need to apply for H1 again or can i work on parolee status till I get my gc or till 2008(H1 validity)
--If in case What about after 2008???
-- what difference it then make being on H1 status and being on parole status ???

Thanks a lot

 

[amishah]

This thread is really useful. I have a question and will appreciate if you can answer...

I am on Valid H1 till 2008, the H1 is not stamped. I have to apply for GC thru marriage. If I apply for AP and not for EAD and travel using AP then after I re enter using AP then accroding to what I have read is:

-- I can work for the same employer but on a parolee status and not on H1 status and I wont be needing EAD too..is that right.
--If I will be working on parolee status then do I need to apply for H1 again or can i work on parolee status till I get my gc or till 2008(H1 validity)
--If in case What about after 2008???
-- what difference it then make being on H1 status and being on parole status ???

Thanks a lot

You are confuse big time. If you use AP or EAD, your H1 become invalid. So if you re-enter using AP then you have to use EAD to work. You can work for same employer but using EAD and not H1. You have to renew your EAD 3 months prior of its expiration. If you get your GC before EAD expire then you don't need to renew EAD.

 

[TheRealCanadian]

You are confuse big time. If you use AP or EAD, your H1 become invalid. So if you re-enter using AP then you have to use EAD to work.

Wrong, wrong, wrong. The Cronin Memorandum allows you to use AP to enter the US, then continue working for (and only for) your H-1 employer, and even renew the H-1.

 

[maverick17]

Every time I try to find answer for this question I am getting more confuse..On this forum in one of the post I got these linkshttp://www.shusterman.com/cronin51600.html
http://www.umich.edu/~icenter/immig/prvisa/
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/UDnewins.html
http://www.shusterman.com/hl-99regs.html

and these all says that after using AP one can maintain their H1 status until they are working for the same employer till the validity of h1.THE CONFUSION here is then a person would be in H1 status or on parolee status......

 

[maverick17]

Ok help me understand one more thing...

Here is the scenario..

I have a H1 not stamped till DEc 2008. I travel outside US and come back on AP on Nov 2007. After coming I am working for the same employer.

--Now from Nov 07 to Dec 08 what will be my status??? H1 or Parolee.
--If H1 then its fine but if PArolee then do I have to file for H1 again even though my H1 expires in dec 08 and I have a year more.
--If my status is Parolee then how can i work on H1.

Confusion confusion!!!!

 

[GotPR?]

We talked about this a lot on other section a year or so ago.
When you entered the US with AP, you are a parolee, NOT on H1 status, however, you are allowed to work under H1. Somehow, H1 as status and as work authorization was separated in that case.
When you file H1 extension and gets approved, your parolee status(authorized stay due to AOS pending) is changed to H1 status again.

--Now from Nov 07 to Dec 08 what will be my status??? H1 or Parolee.

A parolee.

--If H1 then its fine but if PArolee then do I have to file for H1 again even though my H1 expires in dec 08 and I have a year more.

Not on H1 status.

--If my status is Parolee then how can i work on H1.

Because USCIS said so. You may not get logical explanation why parolee can use H1 for work authorization. It is interim rule as memo said. I think there are some conflicting things that CIS has to work out, but they temporarily issued this memo to allow you to work under H1 work authorization.