Help! Will using AP nullify my H-1B (I don't use EAD)?

G

ganshm

Registered Users (C)
I have been checking around for information in this regard. But what I got was at best vague.

My H-1B will expire in 2005 and I don't intend to change employer, so I don't want to use my EAD.

But I have to use AP to travel abroad. After I come back, will my H-1B be nullified?

Thanks for your help.

ganshm
 
According to my lawyer, it will not.

You can continue using your H1-B even after using AP.
 
Do i have to apply for AP too?

My H1b is valid till 07/2005. My wife's H4 is also valid till 07/2005. I should be filing for my 485 in a month or so from now. Should i also file for AP?
I am intending to apply for EAD both for me as well as for my wife, so that my wife can start working, but i am not planning on changing employer. (He is one of those rare nice desi employers).
If my wife uses EAD, will her H4 become invalid (thus necessitating me to file for AP for her alone for travel??)
responses appreciated!!
-Rox
 
If she uses EAD her H4 will become invalid, and she will need an AP.

You can continue to work on H1B. Since you can travel on H1B and do not need to be "paroled into the United States" while on AOS, you will not need an AP.
 
I have the same situation (used the AP, applied EAD but didn't use it). But different is: I will tranfer to another company. can I still tranfer my H-1b to the old company? thanks a lot?
 
Transfer H-1B

I think you can transfer your H-1b because H-1b allows for double intent. Anyways, H-1b gives you three years intead of one for EAD. But if you use your EAD, H-1b is void.
 
Thank you very much for your quick reply. Second question is: my wife is now on her F-1 and going to workin on OPT, if she use AP in the future, can she still maintain her F-1, or even she is allowed to use AP to come back to US? Thank you again!
 
F-1 doesn't allow for double intent.

This is one of the gray areas.

F-1 doesn't allow for double intent. Using AP shows immigration intent (actually her I-485 application has shown her immigration intent which contrdicts F-1 conditions). So I would apply for EAD under I-485 pending for her.

OPT EAD and I-485 pending EAD are all for one year.
 
Hi,

Gunshm is right. Your wife should file an EAD in case of any lapse.

As to the F-1 status while filing I-485, lawyer Murthy suggests that F-1 status will be invalidated upon the filing of I-485.

However, I don't agree with her at this point. In the immigration law, the 97 revision of 62 FR 39417 states that ONLY filing I-485 is not considered as a violation of the non-immigration visa terms for the purpose of AOS. The law does not state it is attached with H-1 case. So it can be applied to F-1. You can find the original term on the government web.

But for safety, it is always good to file for an AOS EAD.

Duke
 
Originally posted by niladri30
If she uses EAD her H4 will become invalid, and she will need an AP.

You can continue to work on H1B. Since you can travel on H1B and do not need to be "paroled into the United States" while on AOS, you will not need an AP.
Click to expand...

Does this mean that if i use EAD to join the clinet company or accept any other permanent offer (just in case), then my H1 is void and i will also need AP ?
thanks for the quick responses ..looks like guys are not taking time off :rolleyes:
 
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