EAD/AP H1 Extension

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badcredit

Registered Users (C)
I got my 3rd EAD and AP. My H1 is going to expire(6 years) in June 04. My attorney wants to apply for my H1 extension. She says in case my AOS is denied, I will atleast be in status because of the H1. She also says that it will be easier for me to travel and avoid the secondary inspections while using an AP

I am thinking that my H1 extension will be denied, since I have EAD and AP.

Will applying for extension abandon my GC? Will travelling on H1 abandon my GC?
 
Originally posted by badcredit
I got my 3rd EAD and AP. My H1 is going to expire(6 years) in June 04. My attorney wants to apply for my H1 extension. She says in case my AOS is denied, I will atleast be in status because of the H1. She also says that it will be easier for me to travel and avoid the secondary inspections while using an AP

I am thinking that my H1 extension will be denied, since I have EAD and AP.

Will applying for extension abandon my GC? Will travelling on H1 abandon my GC?
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Your lawyer is right about applying for an extension and has given a valid reason.
About denial, if you've not used your EAD then I don't see a reason why it would be denied.
I just got mine extended, this is my 7th year extension.
Travelling won't be an issue but make sure if your travelling after June 04, get your passport stamped with your extended H1B
 
I would go for the H1 extension as long as I am not paying for it, and the reason is not for travel, but for working without waiting for EAD to come every time.

It is always advisible to travel on your AP because travelling on H1 has a few pre-requisites:
1. You need to have the H1 stamp on your passport
2. You will always have to carry your original 485 receipt every time, and SHOW it to the immigration officer on re-entry to make sure that you don't lose your status on re-entry
3. Secondary inspections are a breeze! I have yet to see someone have a problem at it, all they do is take a look at the AP and stamp it.
 
I would not apply for H1 extension

Anyway, if your GC gets denied you have to leave the country even if you have a 7th year extension which is based on ur existing denied 485. For 3 months, Is that worth it??? If your 485 gets denied it is going to get denied after an RFE which would take more that 3 months....

Apply a AP for travel. If you need to get ur pp stamped it would take atleast 3-5 month in st louis.
 
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