Have you used AP & working on H1 ?

R

Rahul_need_help

Registered Users (C)
Hi Friends,

I need some help......

My 485 was filed in Dec 2001 and I have an EAD card.. I have been working on H1 since 3+ yrs. My 1st H1 expired last Oct 2002. Last year I had to go to India for some urgent work in Sept & where I met an accident. While I was there my H1 expired though H1 extension had been filed.

Since I had to be back by Jan 03 I used my AP to enter US as my 1st H1 had expired. My H1 extension came in Jan after 15 days of my entering the country...My question to you guys is:

1. Since I used my AP to enter, does it mean I cannot work on H1 anymore.? I have an extended H1 but not stamped.
2. I am getting laid off next month and I need to work with a new employer. I would ideally like to work on H1 since I am still single at the moment. Can I transfer my H1 ?
3. Are there any repercussion of using AP and then again working on H1.

I am really confused on this as people are having diff views on this..Pls advise GURUs..:)

Rahul
 
Rahul,

Since you used your AP to re-enter U.S you are no longer in a valid H1 status. I think you are currently in the Adjustment of status and you need to have a valid EAD to work. I know you have to go thru so much more to bring your spouse in, when you get married, but I can't think of any other way.

This is just my opinion, you may want to contact your attorney and get the legal opinion. Good luck dude.
 
re: AP and H1

:confused:
One of my friend used AP, and he was still H1 for seven months, his company did not ask anything about that, after a while his I485 get approved
 
once you enter on AP your H1 is automatically invalid that means you are working on your EAD. this is as per my knowledge. better consult your company lawyer
 
This is some kind of tricky... check with your attorney. My understanding is when you enter using AP, your I94 is valid only till the date that is on the AP rather than on the visa stamping date which is based on H1. You cannot work on H1 after your I94 expires(I94 date is based on the AP you used). If you use AP, it is always better to have EAD and work on EAD. Also when you enter using AP, on your I94, it is mentioned that you have entered on parole. So you are no more on H1B. But you know, no body cares or knows. So they work on H1. When you are on AOS and use AP, you have to use EAD and when you use EAD, AP should be used to re-enter.
 
1. Since I used my AP to enter, does it mean I cannot work on H1 anymore.? I have an extended H1 but not stamped.

Did you get your H1 after entering or before entering US? Do you have the I94 with the new H1?

2. I am getting laid off next month and I need to work with a new employer. I would ideally like to work on H1 since I am still single at the moment. Can I transfer my H1 ?

You entered using AP, you have to work using EAD using AC21 rule.

3. Are there any repercussion of using AP and then again working on H1.

Depends on your luck.....
 
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