Does using AP invalidates the H-1 status ?

Y

youssefd

Registered Users (C)
Hi Experts,

I have an approved AP, and a valid H-1 status (without visa stamp). If I come back to the US using the AP, does it make my H-1 invalid ?

I need the keep my H-1 status to be able to get married and bring my wife as H-4.

Kindest regards, youssef
 
youssefd said:
Hi Experts,

I have an approved AP, and a valid H-1 status (without visa stamp). If I come back to the US using the AP, does it make my H-1 invalid ?

I need the keep my H-1 status to be able to get married and bring my wife as H-4.

Kindest regards, youssef
Click to expand...
using AP does not invalidate H1 status. There are many threads on this topic which u can read. I suggest u should have ur H1 stamped as I'm not sure if they'll allow u entry just on AP with no visa stamped.
 
fast_gc_seeker said:
I suggest u should have ur H1 stamped as I'm not sure if they'll allow u entry just on AP with no visa stamped.
Click to expand...

The whole point of AP is *not* requiring a visa. It was originally (and continues to be) used by folks other than H/L holders who could no longer get a non-immigrant visa because of their filed I-485.
 
I recently came back on AP and i have valid H1. I thinki made a mistake because they issued me I-94 which says my status is AOS (Adjustment of status) and not H1. There are so many threads which says that since i am going to work for the same employer my H1 status is still valid but my lawyer says i am not and insists that i should start using EAD instead and H1 is not valid anymore.
I am going to local CIS office to get new I-94 with H1 stamp because i want to be on H1 status than AOS.
Let me know if there are any suggestions.

Thanks
 
Hi suhassuthar

please could u help me on this
1) i am also like same as u.when i came back to usa in august2004 they issued me I-94 with AOS. 'am still with same employer. my 6year visa h1 is going to end by march 2005, and also i have my ead (never used) till march 2005 and iam going to renew that.

but to maintain status 7th year viss is good or Ead is good.
because they issued me AOS on my i-94 is a'm aligible to get my 7th year visa extenstion or no more.
how to handle all these situations.

thanks any one
kish
 
AOS on I94

There was a good discussion for almost a month on this issue. AOS on I94 is nothing do with the work status. Work status is dictated by the H1 approval notice, while the basis of entry to the country is AOS.
 
Same Situation

I am on my 7th Year H1B now and the H1 is Valid till Nov-2005. My Visa Expired in June-2004. I am planning to go to India this January for a month trip. MY employer filed I-140 / I-485 / AP / EAD concurrently for me in the November-2004 .

Please clarify my doubts..

Can I go to India in January without waiting for AP / EAD . In this case I need to go for H1B stamping at Chennai Consulate. How safe it is? First of all Am I eligible to Go because my I-140/485 are already filed? If it is denied at Chennai and while I am in India if my "AP" is approved can someone mail me the AP documents to my address in India and then can I come back using AP and work using my H1B?

Or do I also need EAD ??

I will be working for same employer....


Thanks for your Time
 
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