Help: Do I need AP if I have EAD but multiple H1 still current?

J

jcereced

New Member
Hi,

I\'ve heard different versions from different people and i just wanted some more opinions. The way I understand it once you get EAD your H1 sort of disappears since you are waiting for your adjustment of status (I-485).

If you have H1 but no EAD you can leave and enter as you please but once you get EAD you need to get AP (on your I485) if you want to leave the country even if your multiple H1 is still valid. Is this true???

I\'ve also been told to just go through immigration and just show my H1 stamp on my passport. Theuy have no way of knowing about the EAD unless I tell him (therefore why let the cat out of the bag).

I gotta say they got some incredibly stupid rules. ANyhow any input in the situation would be greatly appreciated.

Thanks,

Javi
 
No Title

No, you can travel using your H1 documents, you would get another I-94; just keep a copy of your I-485 receipt with you. But this applies only if you have NOT used your EAD for employment yet, and have still retained your H1 status. If not, you DO need an AP.

Sprint
 
No Title

Javi:

Of course, the best person to consult is a lawyer. Having said that, here is the deal -

If you are on H-1 and are also AOS, you can use either of the two as your status of re-entry. You could either use the H-1 based visa OR you can use the AP issued during AOS. Of course, you CANNOT use both at the same time! This really confuses and irritates the immigration dudes at the counter (as some postings on this site will attest to!).

What I cannot answer is this - can you use the H-1 based visa, then use the AP and then use the H-1 visa after that? Interesting academic exercise, but something to consider in case you do use your AP and then the AP lapses...

From personal experience, the H-1 based visa is more convenient. With the AP you are sent to another room where you sit for a while and then get stamped.

Hope this helps...

KP
 
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NOTE: If you have applied for adjustment of status, you may need permission to return to the United States before traveling abroad. If you do not apply for Advance Parole BEFORE you leave the country, you may be abandoning your application with the INS and upon your return you may be refused admission to the United States.
Please read.
http://www.ins.usdoj.gov/graphics/services/emergency/EMERtrvl.htm
 
No Title

True - I would agree with gcbos on this one - the law can be interpreted in a number of ways but given the situation, you want to get your AP anyway. And once you have it, you may as well use it. Of late my H-1 visa had lapsed (not the H-1 status, though) and I have exclusively used the AP.

Regards

KP
 
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