Do I really need to apply EAD too when I apply for AP

sharley said:
I have a valid H1 till 2007.
Thank for you comments
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My understanding is that if you have valid H1 and a visa to reenter then you dont need EAD. EAD gives flexibility to work for more than one employer though. However, if you are on EAD, you will have to get AP also to enter US.
 
That is not right!

me04485 said:
My understanding is that if you have valid H1 and a visa to reenter then you dont need EAD. EAD gives flexibility to work for more than one employer though. However, if you are on EAD, you will have to get AP also to enter US.
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It is a fallacy to always link EAD and AP together. Therefore it is not right to say that "if you are on EAD, you will have to get AP also to enter US." You have EAD to work. If you don't have a visa as travel document, or say you are on a F1 visa with a pending AoS and you attempt to enter on a F1 and the officer tries to deny you entry because of immigration intent, then and only in those cases do you need an AP.

In your case, you have a valid H1 and so you don't need AP. Your H1 visa is a dual-intent visa and is a valid travel document. AP will be superfluous.
 
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