I want use AP to reenter USA, But....

[gr8_2008]

Hi All,
I want to use AP to reenter USA, but some where I read that I should not be using AP when I am in new company that did not do the GC processing. Is it true?

My old company terminated me(Due to outsourcing) before I compleded 180 days after applying 485. The old company did not revoke my I-140. I had to join a new company which did my h1 transfer. My new company's attorney wants me to go to H1 stamping (when ever I go to India) and if stamping gets delayed(due to PIMS,name check..) the attorney said to use AP. Can anyone tell the implications (if any) if I use AP?

I am on H1 status right now and I did not use EAD.

Thanks in advance.

EB3
PD:Mar 2004
I-485 Pending
I-140 Approved
1 st EAD/AP expiring Sep8 th 2008
2 nd EAD/AP Applied on June 2008 and they are pending but Spouce EAD/AP Approved on July 26 th

 

[manwithnoname]

A H-1B stamping should be straightforward. Please follow the directions from your employer's attorney. There are ways to re-instate the H-1B after you return on AP.

By the way - I have no idea how the sign appeared in my reply.