Get H1 stamped after using EAD for 1 month ??

Q

qwertyman

New Member
Hi Gurus

Since I recieved my EAD with my wife's AOS application last august, I worked in a computer training school for 1 month using EAD. then I received my H1 as of oct 2007 and have started working for my company . Now i am planning to travel to india for 3 months and ask my wife to send me my AP when it comes (I dont have AP received yet but my wife has hers approved so i'm thinking it should be fine). Question is.. can I get my H1 stamped if I have to come back before my AP arrives ?

sorry if my case is confusing.

quertyman

:eek:
 
Is that true ?

Just checked with my lawyer and he mentioned that I could get my H1-B stamped and then enter showing i-485 receipt and stamped H1
 
qwertyman said:
Hi Gurus

Since I recieved my EAD with my wife's AOS application last august, I worked in a computer training school for 1 month using EAD. then I received my H1 as of oct 2007 and have started working for my company . Now i am planning to travel to india for 3 months and ask my wife to send me my AP when it comes (I dont have AP received yet but my wife has hers approved so i'm thinking it should be fine). Question is.. can I get my H1 stamped if I have to come back before my AP arrives ?
Click to expand...
Your AP needs to be approved (not just applied) before you leave the US, or you can't use it to reenter the US and resume your AOS. You'll need to use the H1 if the AP is not approved before you leave.
 
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