H1B status after entering US on AP

[sujitm]

Hi,

The I-485 was filed in mid-2007. I have my EAD valid upto mid-September 2009. I entered the US on Advance Parole document in Feb 2009. Though my H1B is valid till 2011, do I need to extend my EAD to keep working after Sep 2009? I thought that H1B approval was not valid after one enters the country on AP. Isn't my current status EADand not H1B? Thanks

 

[ginnu]

Hi,

The I-485 was filed in mid-2007. I have my EAD valid upto mid-September 2009. I entered the US on Advance Parole document in Feb 2009. Though my H1B is valid till 2011, do I need to extend my EAD to keep working after Sep 2009? I thought that H1B approval was not valid after one enters the country on AP. Isn't my current status EAD and not H1B? Thanks

If you are working for the same employer who filed your latest H1 then you are on H1 status(EVEN IF YOU USED ap) if working for the same employer. Employer can also file H1 extensions.

**filing for EAD or keeping valid EAD is good back up. Many who are on H1 status and have pending I-485 file for AP and keep valid AP and EAD.

 

[sujitm]

Thanks Jinnu for the information.

 

[Jackolantern]

If you are working for the same employer who filed your latest H1 then you are on H1 status(EVEN IF YOU USED ap) if working for the same employer.

As long as you are not working for any other employers in side jobs.