Is I-129 (Petition for H1) still valid after one enters the contry using AP?

T

technote

Registered Users (C)
Hi all,

I wonder if any of you knows if the I-129 petition for nonimmigration worker (H1B1) is still valid after you enter the country using AP? Is the EAD the only legal working permit after using of AP?

Thanks in advance!
 
Thanks for the imput. Wonder where did you get the information. My lawyer seems stuck on this issue. I hope he would finish his research soon.

I got inconsistant results from my own research on the web. One says that after one reenter with AP, the status changes to ajustee, and the EAD would be the only work permit. However, you don't have to use AP if you have H1, you may very well reenter using the H1. It more sounds to me you could still keep your H1 once you don't use you AP, but after use of AP, then....
Can any experts clarify this? Cause I am kinda stuck here, thought I have a valid H1, (now maybe not!!), the EAD is expiring, and the renew is never coming, most of all, because I thought I have a valid H1, didn't prepare for the "90 days rule"... What a hassle!
 
Go To Murthy.com and find the murthychat listings. there u can see the details. H1 is valid after using the AP
 
Believe it or not, my lawyer clearly told me that the H1 approval (no visa stamp) is no longer valid after using of AP. So far Murthy.com is the only place says H1 is still good after AP, and only in one of its chat section (Sept. 10, 2001).
Hope you guys won't make the same mistake again.
 
update, hope it's final.
I faxed the information found from Murthy.com to my lawyer. He followed up on it, and did get all the original documents and confirmed the information on Murthy.com is correct. I am very relieved.
By the way, even this mornign, I called the INS business liaison office, the lady still firmly told me"H1 is void after you got EAD!". Wonder what are they busy with all the time.
 
I am sure a lawyer will never do such thing. Perhaps, (and as usual) you lawyer's office is also solely run by paralegals.
 
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