Help !!!!!!!!!! AP or H1B

R

Rajahindustani

Registered Users (C)
Hi ,
I have valid H1 B stamping on passport valid upto May 2003.
I-485 applied by my spouse ( by his company ).
I have My AP approved recently.
I planning a trip to india in a week.
While retruning which to use H1 or AP ?
If i use AP ,can I still work with my current H1B employer with H1B after returning?
or do i need to use EAD ?

Please share your experiences and legal matters you know ...
Thanks in advance
 
PCee might be able to throw more light on this!!!

\'cause he was involved in a recent discussion similar to this......

After using your AP, you can work either on H1B(if it\'s still valid) or EAD.....Now I know lotsa people here would disagree with me about working on H1 after using AP.....But there was a memo release by INS in Mar/Apr 2000 saying you could do that...Unless something\'s changed, it\'s still in effect.....better consult with your lawyer...

Putting legal issues aside, I don\'t understand why people having valid H1 stamping want to use AP first in place.....To me using H1B is much simpler than AP as most of us don\'t have a better understanding of AP and issues involed in it...........

Anyways, if I were you I would use my H1 visa.......
 
Hi !!! Here some feedback from lawyer - Morpheous

I recommend using Advance Parole because it is less risky. The INS has changed its policy interpretations of the H-1B/H-4 travel rules for adjustment of status applicants several times over the past 1 1/2 years. The rules are not formal regulations, so they can be changed whenever INS changes its mind (changes can even be applied retroactively). In contrast, the Advance Parole travel
rules are formal regulations that cannot be changed without formal notice and opportunity to comment. The safest thing to do is to use the Advance Parole to make sure to maintain status at all times even if the INS policy interpretations change.
I hope this helps.:)
-Morpheous
 
Please post some more info on this

Milli, Morpheous thanks for your sugesstions .
Morpheous you are right ,We know how INS changes thier rules everyday.

I have applied for labour from my company too
( as a safety measure in this dooming economy ).
So i don\'t want them to know that i have a valid EAD .I want to maintain this as a secret untill i get my GC (through spouse ).
I saw lotsof people posting in different discussions that we need to use EAD if we travel on AP .
I want to know more details about this .
Milli could you please refer me any URLs you said about new INS rules to use H1 after using AP?

any valuable info is appreciated

Thanks
 
Thanks to all

Milli/morpheous/nell01 ,

Thanks all for your quick responses ...
Milli your links are very useful to me .

If you guys think i need to look into any links please post ..
 
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