If I use AP, my H-1B will be invalid?

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GC-App

Registered Users (C)
I am new to the forum, I am planning to back to home country for vacations, can anyone tell me if I use AP to back USA, my H-1B will be invalid? I have to use EAD to work for the same job? Actually I want to keep my H-1B status in case my GC is denied, I won't out of status immediately.

Another question, I applied EAD for my spouse and myself, we just got them from mail and have not used them, if my spouse use his EAD, would my H-1B still be valid? I am the primary person for the GC application.

Thanks.
 
No using AP will not invalidate the H1B, though I see no reason why you would want to use the AP when you have a valid H1. I assume it is stamped too. You can have an AP and not use it.

Also your wife's using EAD will not invalidate your H1, however she would need AP to travel abroad - in essence her H4 will be invalid.

Anyone please correct me if I am wrong.

Rgds,

Yeppo
 
Thank you Yeppo and LC_virginia, I do not have a H-1B stamp on my passport, I changed status from F1 to H1B in USA, so my option are getting a H1 stamp in home country or using AP, am I correct?

My husband's H1B will be expired on Oct. 2004, he already used up 6 years H1B, he will use EAD after Oct. 2004, so if my GC application is denied, he will out of status immediately, can I apply H4 for him if that happened?

Thanks.
 
Yes, if you do not have H1 stamp, you will have to use AP for travel.

No, you will not be able to get H4 for your husband after 6 years of H1 because the 6 year limit is for H visa (H4 and H1 combined)
 
LC_Virginia said:
Yes, if you do not have H1 stamp, you will have to use AP for travel.

No, you will not be able to get H4 for your husband after 6 years of H1 because the 6 year limit is for H visa (H4 and H1 combined)
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But if he uses AP to enter USA, can he still work on H1B or he has to switch to EAD.???
 
jaisharma_99 said:
But if he uses AP to enter USA, can he still work on H1B or he has to switch to EAD.???
Click to expand...


Entering on AP, while working on H1, doesnt invalidate your H1B at all. You can keep continue working on H1 even if you enter using your AP.

Hope this answers your question.
 
My H1 stamping has expired long back, and I am on 8th year extension of H1 visa.

I went to India in August and came back using AP and I am working on H1 even now. I have an approved EAD, but have not used it till now.
 
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