Does he need EAD to keep working after using AP?

M

minifish

Registered Users (C)
Hi,

My husband has a pending I-485 case (my case has been approved already). He is currently working with H-1. We are going back home next month, and he will use AP to come back to US. Here is the question:

Does my husband need to use EAD to work after he comes back if he uses AP? Or he can still keep his H-1 status without any problem?

Thanks
 
He can continue to use his H1 even if he enters on AP. Just remeber that he takes the original I-797 (H1) approval notice. At POE he should show this and mention that although he is entering on AP, he has a valid H1 b. This way he will get an I-94 stamp saying his staus is H1B.
 
sertra2002 said:
He can continue to use his H1 even if he enters on AP. Just remeber that he takes the original I-797 (H1) approval notice. At POE he should show this and mention that although he is entering on AP, he has a valid H1 b. This way he will get an I-94 stamp saying his staus is H1B.
Click to expand...

Really?? So if you show AP at POE, but tell the officer that you have H1B status, he will give you H1B based I-94? Have you done this yourself? If so, thats very interesting.
 
AP is for Reentry into US,
EAD is work authorisation pending AOS,
H1 is work Visa....

One can enter with AP and work on H1, as far as I 94 is concerned, I think they will issue upto AP expiry but not H1 expiry,neverthless you can work on H1 as long as it is valid and need to apply for another AP once it expires...

We never know at POE they may issue I94 till H1 Expiry..ultimately it doesn't matter...
 
coltech,
I am not sure about working on H1 after the I94 expiry. If you are purely on H1, you must apply to extend the stay if I94 expires. In this case, if they can show H1 and be on H1 status while re entring using AP, they might have to switch to EAD after I94 expires.
 
I don't think so...
You can be on any of the following combination...
AP+EAD
AP+H1
H1Visa(means stamped on your passport)+H1
but not on
H1 Visa +EAD--leagally and logically
If you are working on H1 visa...no matter in what way you enter you are Ok to work till the expiry of I94 which is on I797 of H1...
legal experts please throw your opinions....
 
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
Chat User : Can one continue to work on H-1 after using advance parole to travel? Thanks.

Attorney Murthy : One may not only continue to work on the H1B, but one may also file an extension of the H1B even after having entered on the AP. The problem is that there are no USCIS regulations on the dual intent issues. We only have Legacy INS Memos on this subject from March and May 2000 with the second Memo of May 2000 superseding many sections from the earlier Memo. Generally, a person is allowed to file an H1B extension as long as s/he continues to work for the H1B sponsoring employer even if s/he previously used the EAD or entered on the AP.
 
what if I94 indicate AOS-Paroled until

Ginnu, thanks for your links.

While leaving US the I94 which came with H1 extension is surrendered (i.e original). On entering on AP, the I94 says AOS-Paroled until. To continue working on H1 does the I94 mention about it.
 
rajudm said:
Ginnu, thanks for your links.

While leaving US the I94 which came with H1 extension is surrendered (i.e original). On entering on AP, the I94 says AOS-Paroled until. To continue working on H1 does the I94 mention about it.
Click to expand...

If you use AP, you are parolled in US. BUT, according to USCIS (atleast thats the consensus) you can still apply for extension of H1 as long as you are working for H1 sponsoring employer. Also even if you enter on AP, you are NOT REQUIRED to use EAD to work for your H1 sponsoring employer. Atleast thats what the lawyers say.

Personally, I would use H1 visa to enter US if I want to preserve my H1 status without any ambiguity. If I wanted to let go of my H1, use AP/EAD and forget about H1.
 
lawyers differ

It appears that lawyers differ in their opinion. To be away from controversy I guess it is better to be on EAD and forget about H1.
 
rajudm said:
It appears that lawyers differ in their opinion. To be away from controversy I guess it is better to be on EAD and forget about H1.
Click to expand...

If your company is willing to spend money on H1 and keep you on H1, that would be a better option. Its always nice to have a backup status incase anything goes awry with AOS.
 
My wifes H1 Transfer got approved after she entered on AP. She is a Dependent Beneficiary of my 485 AOS.

Can she continue on H1 or does she have to use EAD.

I am continuing on H1 but I am not sure of my wifes status. I have some issues with 485, so I want to be safe than sorry.
 
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