H1 status Once you use AP or EAD

G

GC.Ka.deewana

Registered Users (C)
Hi All,

I am about to file my I-140 and I-485 next month. and I am also planning to file EAD/AP. My H1B is valid till 2009. If I use AP or EAD to travel/work..How does it effect the my current H1B status. Does it Invalidate the H1 status next movement when you use AP or EAD.

I don't want to mess up my H1 status unless I-140 gets cleared....any suggestions on this..Please

Thanks,
GC.Ka.deewana
 
GC.Ka.deewana said:
Hi All,

I am about to file my I-140 and I-485 next month. and I am also planning to file EAD/AP. My H1B is valid till 2009. If I use AP or EAD to travel/work..How does it effect the my current H1B status. Does it Invalidate the H1 status next movement when you use AP or EAD.

I don't want to mess up my H1 status unless I-140 gets cleared....any suggestions on this..Please

Thanks,
GC.Ka.deewana
Click to expand...

As my lawyers old me, you can maintain your H1B status as per its conditions (Working full time with the sponsoring employee) while working part time using your EAD (Provided you are not violating your employment conditions...conflicts of interest...etc..).

And, the moment you stopped working for your H1B sponsoring employer, you are no more in H1B status (Its always the same rule).

Mere having EAD and not using it, doesn't effect at all. People opt it, to use it, just in case loss of job etc.
 
H1, AP

http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/UDnewins.html

http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

http://www.murthy.com/chatlogs/chat0816.html
Chat User : Can one continue to work on H-1 after using advance parole to travel? Thanks.

Attorney Murthy : One may not only continue to work on the H1B, but one may also file an extension of the H1B even after having entered on the AP. The problem is that there are no USCIS regulations on the dual intent issues. We only have Legacy INS Memos on this subject from March and May 2000 with the second Memo of May 2000 superseding many sections from the earlier Memo. Generally, a person is allowed to file an H1B extension as long as s/he continues to work for the H1B sponsoring employer even if s/he previously used the EAD or entered on the AP.
 
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