H1B vs EAD

G

Greeny

Registered Users (C)
Hello there


Need help.

1. My attorney tells me that using AP alone will not keep me out of H1B status. i can still be continuing on H1B even if i use AP to enter the USA. Is this true?


2. Is it posible that using AP can trigger the change in status from H1B to EAD (Adjustment of Status)?






Thank you
-Greeny
 
Greeny said:
Hello there

Need help.
1. My attorney tells me that using AP alone will not keep me out of H1B status. i can still be continuing on H1B even if i use AP to enter the USA. Is this true?

2. Is it posible that using AP can trigger the change in status from H1B to EAD (Adjustment of Status)?
Thank you
-Greeny
Click to expand...
Your attorney is correct. using AP wouldn't change your status from H1-B. change of status from H1-B to EAD would happen only when you use EAD. However at POE you may get new I-94 only upto validity of AP if you use AP to re-enter US.
 
HI DyingforGC.


I have a question.

Is H1B still be valid after that using the AP at the port of entry.


If you have more than please share more information on this

thanks




dyingforgc said:
Your attorney is correct. using AP wouldn't change your status from H1-B. change of status from H1-B to EAD would happen only when you use EAD. However at POE you may get new I-94 only upto validity of AP if you use AP to re-enter US.
Click to expand...
 
If you are still working for the same employer (H1 and GC are same sponsor) then you can enter on AP and work on H1.
 
What about GC filed in EB-1 employment-based preference category that does not requires an offer of employment .

Will H1b be still be valid.

My I-140 is approved in EB-1 (a) employment-based. I-1485 is still pending.But still working on H1b (but needs VISA stamp) I want to go to home country on parole. Do I need to apply for EAD after using AP at the port of entry. Please suggest.



rpranesh said:
If you are still working for the same employer (H1 and GC are same sponsor) then you can enter on AP and work on H1.
Click to expand...
 
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