H-1B and EAD/AP

guakeifuai

Registered Users (C)
I asked my attorney about using EAD/AP. The following is his reply. It seems to me that it is different from what I learned here. Some people are talking about H-1B status being invalidated if EAD/AP is used. Can anybody clarify? Thanks a lot!

"You will always be eligible to apply for an H-1B through another employer as long as you don't exceed your six year H-1B limit. Your permanent residence application has nothing to do with your H-1B visa, they are two totally different processes, one being an immigrant visa and one being a non-immigrant visa. You never need to use your EAD or
Advance Parole as long as you have a valid H-1B to work and travel. "
 
What he said does not contradict with what people say here. What he said is right and what you saw here is also right.
Yes, you can keep h1 and need not use EAD/AP. But the moment you start using them (EAD/AP), you will lose your h1 status.

Your lawyer said you do not have to use EAD/AP, if you have valid h-1. Also just because you applied for EAD/AP and got approved does not mean that you are using them. If and when you start using EAD/AP you will be giving away your h1 status.

Hope it is clearer now... If not ask your attroney if you can use EAD/AP and still be on h1. Then you will know what people here are saying...
 
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