h1B v/s EAD

D

DRVR

Registered Users (C)
I have a valid H1B on my passport for another two years and also have a advanced parole. If I travel abroad and come back is it OK to use H1B (I want to make sure that I am not abandoning my I 485) as my I140 is still pending. I was told that H1B valid visa holders do not need AP when they have a I 485 pending.

thanks
 
yes this is correct- as long as you are stil working fro employer and maintain status of H1-B you do not need AP
 
I am in 7th Year H1b status. Old visa in my Passport is expired.

I have AP and EAD.

If I leave the country and come back on AP, can I work for the same employer on H1b?? or My I will loose my H1b status??
 
TheRealCanadian said:
The 1997 Cronin Memorandum appears to support this scenario.
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1997 Cronin Memorandum supports what?

do u mean to say somebody entering on AP loosed H1 status? well, my friends have entered on AP and still maintain H1 status.
 
Do I need 7th yr extn

I filed labor in Feb'04, now have my labor approved and EAD. 140/485 concurrently filed. Do I need to file 7th yr ext. My present H1B (6yrs) valid till Mar'06. If yes, when should I file?
 
jbond said:
I filed labor in Feb'04, now have my labor approved and EAD. 140/485 concurrently filed. Do I need to file 7th yr ext. My present H1B (6yrs) valid till Mar'06. If yes, when should I file?
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jan 06
 
fast_gc_seeker said:
do u mean to say somebody entering on AP loosed H1 status? well, my friends have entered on AP and still maintain H1 status.
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No, I meant the first scenario. Might be a good time to search for it here and read up, too. :)
 
hathwar said:
no. please search the forum ther are lots of threads with the same issue..
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Can you please point me to any of these threads, I am not able to find any.
Do you know how long back these discussions were going on?

Any help would be great.
 
patnams said:
Can you please point me to any of these threads, I am not able to find any.
Do you know how long back these discussions were going on?

Any help would be great.
Click to expand...

Search in EAD/AP forum. I think i have responded to many of them.

By using AP to travel you will not lose your H1-B status. You have to talk to the officer at the POE anf tell him that you want to be admitted as H1-B not AOS. I did it in Nov last year and was still on H1-B when my I-485 was approved.
 
hathwar said:
Search in EAD/AP forum. I think i have responded to many of them.

By using AP to travel you will not lose your H1-B status. You have to talk to the officer at the POE anf tell him that you want to be admitted as H1-B not AOS. I did it in Nov last year and was still on H1-B when my I-485 was approved.
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Thanks for the reply. I did not tell anything to the officer about an H1, so he stamped I-94 for 1 year with reason as something like 512... Does this mean I will have to use the EAD before working?
 
hathwar said:
By using AP to travel you will not lose your H1-B status. You have to talk to the officer at the POE anf tell him that you want to be admitted as H1-B not AOS. I did it in Nov last year and was still on H1-B when my I-485 was approved.
Click to expand...

If the H1B expired on Passport, but still valid on paper, do I still have chance to keep H1B when I re-enter to US?
 
GAROL said:
If the H1B expired on Passport, but still valid on paper, do I still have chance to keep H1B when I re-enter to US?
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The officer at LAX did not ask me anything about H1, BUT he wanted to see my Expired Visa Stamp on the passport. Same case with spouse.

Initially I went into wrong counter (Visitors). The officer checked my AP, Expired Visa, Passport, wrote something, and sent me to an AP/Seamen counter that I missed initially.
 
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