Do I still need EAD if I already have H1..

G

gc_proc

Registered Users (C)
Hi All,
I'm applying for Green Card through my spouse who just got her citizenship. I'm on H1 and working in US. Though this is my fourth year on H1, I never went back Home to India and never got the visa stamped :eek: . I came on B1/B2 5 years back ;) . Now I'm applying for GC through my wife and then want to go to India on AP (hope to get it :) ). I heard there's a long line for H1 stamping, I can't afford to wait for 3 months just to get H1 stamp. Since I'm applying for GC anyways, I'm thinking of applying only AP and no EAD :( , and then travel on AP come back and work on H1 :cool: Is there a problem in doing that :confused:

Thanks for your responses.
 
If you have a valid H1, but, never stamped, you cannot enter US. I have not heard that you need to wait 3 months to geta H1 stamp, they do it the same day probably. But, in any case, you can enter on AP and work on H1. No issues. If you go orr decide to go for H1 stamping, they might question or depends. To be safe, apply for an AP and exit.
 
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