Do I have to use EAD card after I use AP?

Q

quietheart

Registered Users (C)
I have my I-485 pending and and got my EAD card 11/2005 and AP 05/2006. But I am still on H1 status and I have never used my EAD and AP. I plan to use my AP 11/2006. However, I just realized that I need to renew my EAD card. And it is possible that EAD renewal will not get approved at the time that I use AP.

Is it ok to use AP, but still keep H1 status without using EAD? If not, what is the best way to handle this situation?

Thanks a lot!
 
Yes, you can maintain using your H1B eventhough you have use dyour AP. But you will lost your H1B when you start using your EAD.
 
Thanks. I plan to use AP because I have valid H1B status but not H1B visa stamp. I asked my lawyer about this as well. She told me that when I use AP at the port of entry, the immigration officer will decide whether to cancel my h1 or not. If my h1 gets canceled, I have to use EAD. Otherwise, I can continue to use H1.

But how do I know whether my h1 is canceled at the port of entry? Can you tell from the stamp on I-94? Does anybody have this kind of experience before? Thanks a lot!
 
quietheart said:
Thanks. I plan to use AP because I have valid H1B status but not H1B visa stamp. I asked my lawyer about this as well. She told me that when I use AP at the port of entry, the immigration officer will decide whether to cancel my h1 or not. If my h1 gets canceled, I have to use EAD. Otherwise, I can continue to use H1.

But how do I know whether my h1 is canceled at the port of entry? Can you tell from the stamp on I-94? Does anybody have this kind of experience before? Thanks a lot!
Click to expand...

I just came back using AP. They don't even care if I have H1B or any other paper or not. They just take the AP and passport + I94. Then, place a stamp on the I94 and AP (The same stamp with AOS status 1 year from that day).
 
H1 extension after entering on parole

Does any one have experience in filing H1 extension after entering on Parole status and continuing to work with the H1 sponsoring employer?

I re-entered US on advance parole in 2005 and my extension is due to be filed in 2007 July, the i-94 stating "Paroled until July 2006, Pending AOS" has expired. Will this be an issue while filing for H1 extension?
 
tnisha said:
Does any one have experience in filing H1 extension after entering on Parole status and continuing to work with the H1 sponsoring employer?
--------------- one CAN file H1 extension after use of AP
I re-entered US on advance parole in 2005 and my extension is due to be filed in 2007 July,
------------ file the H1 extension in Feb/March 2007
the i-94 stating "Paroled until July 2006, Pending AOS" has expired. Will this be an issue while filing for H1 extension?
Click to expand...
 
newbies said:
I just came back using AP. They don't even care if I have H1B or any other paper or not. They just take the AP and passport + I94. Then, place a stamp on the I94 and AP (The same stamp with AOS status 1 year from that day).
Click to expand...

Hi, all

So after using AP to enter US, I don't need to activate EAD card if my H1 is still valid? Why my lawyer is saying that in some cases, the immigration officer at the port of entry will cancel the H1? Have you heard anything like that?
 
quietheart said:
Hi, all

So after using AP to enter US, I don't need to activate EAD card if my H1 is still valid?
-------- if you have H1 stamp then enter on H1. if no H1 stamp then use AP.
Why my lawyer is saying that in some cases, the immigration officer at the port of entry will cancel the H1?
---------- if you have H1 visa why you want to enter on AP? why the officer at POE will cancel H1?
Have you heard anything like that?
Click to expand...
Read:

H1, AP
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/UDnewins.html

http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

http://www.murthy.com/chatlogs/chat0816.html
 
Anybody with experience please comment:

can u come back using AP and continue working on H1 or do you need to activate EAD?

Also if by the time you need to apply extension of H1, i94 expires like in my case (i94 states status as - AOS pending - date Uptill June 2006") will that be a problem if i attach this expired i94 on my H1 extension application?
 
tnisha said:
Anybody with experience please comment:

can u come back using AP and continue working on H1 or do you need to activate EAD?

Also if by the time you need to apply extension of H1, i94 expires like in my case (i94 states status as - AOS pending - date Uptill June 2006") will that be a problem if i attach this expired i94 on my H1 extension application?
Click to expand...

Hi tnisha

To answer your first question, I used AP to return to the US and continued to
work on an H1b. I did NOT use an EAD (and in fact never applied for one).

As for your second question, I recently applied for an extension of my H1b
with an "expired" I-94. As far as I can tell, this did not matter. Or at least
my application hasn't been rejected!

Hope that helps.
 
Thanks for your reply.

So u had a similar situation wherein the i94 based on ur advance parole expired post which u applied for ur H1 extension? pls keep us posted of ur H1 extension approval. will really appreciate ur time. Thanks a ton!
 
tnisha said:
Thanks for your reply.

So u had a similar situation wherein the i94 based on ur advance parole expired post which u applied for ur H1 extension? pls keep us posted of ur H1 extension approval. will really appreciate ur time. Thanks a ton!
Click to expand...

Hi tnisha

FYI, my H1b renewal was approved (a couple of weeks ago in fact). So an
expired I94 didn't seem to matter. Best of luck with your application.
 
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