Does use of AP voids H-1 status ???
Please read the following from Attorney Murthy's chat sessions :
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Question : If a person reenters on AP, does that mean that his H-1 becomes invalid and he needs to get the EAD to start working again?
Answer : The March 2000 INS Memo, which clarified and corrected the original position of the INS allows a person who enters on the AP to continue working on the H1B and does not require the EAD to be processed if the person works for the same sponsoring H1B employer.
Date : 2001-11-05
Question : Good evening! Both my husband and I are H-1 holders and we filed I-485 and got AP. If I use AP to travel, does that mean I will lose or give up H-1 status?
Answer : No, the INS Memo of May 2000 makes it clear that choosing to reenter on the AP instead of the H1B allows the person to file an H1B extension or an H1B amendment etc. and revert to H1B status if the person continues to work with the H1B employer and has not yet worked in "open market employment."
Date : 2002-05-20
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