EAD/AP + visa questions

[deepakanu]

Hi

An obvious question, but I just wanted to clarify with gurus.

1. Can I stay in US legally with a valid EAD and AP even though my H1-b expired?
2. Can I enter in US with a valid AP even though I don’t have a visa of any type on my passport?

Appreciate your response.

 

[betsy]

yes of course, you are considered legal if you have a valid EAD and you can enter based on an AP without having a visa stamp on your passport.

 

[backbay74]

Ead/ap

Disclaimer: These opinions are based on my limited knowledge and interpretation. I would recommend you to consider talking to someone with legal expertise in these matters.

1. Possessing a valid EAD is not a requisite for legal residence in the US. A pending I-485 is. EAD would simply allow to work, in the absence of a H1B.

2. Yes, valid AP docs would get you into the US. Apparently, you may also need a receipt of I-485 and EAD at the port of entry.