Is it possible to enter first using AP and then using H1?

E

emailraja

New Member
I'm making two trips outside US.
Is it possible to enter first using AP, switching to EAD.
And then use H1 in the second trip, switching back to H1 visa?
thanks
 
emailraja said:
I'm making two trips outside US.
Is it possible to enter first using AP, switching to EAD.
And then use H1 in the second trip, switching back to H1 visa?
thanks
Click to expand...
Why do you want to switch to EAD ?

Entering on AP does not invalidate your H1 status -- if someone tells you otherwise, have them read the Cronin Memo
AP and H1 are independent .....

So yeah - you can use AP, continue with your H1 status and make trips on H1 if you want....
why would you want to do this though ??
 
emailraja said:
I'm making two trips outside US.
Is it possible to enter first using AP, switching to EAD.
And then use H1 in the second trip, switching back to H1 visa?
thanks
Click to expand...

Entering on AP does NOT affect your H status BUT switching to EAD
and change Employer DOES. Your H1 status is no more valid as soon
as you do this.
 
I might reenter on AP as a backup if the consulate in Montreal doesn't give me an H1 stamp. Some say you have to go to home country for 7th year extension. I have seen conflicting reports, so I'll try Montreal in July, if I dont get it then I'll come back on AP and go to India in Oct and get the H1 stamp.


max2k1 said:
Why do you want to switch to EAD ?

Entering on AP does not invalidate your H1 status -- if someone tells you otherwise, have them read the Cronin Memo
AP and H1 are independent .....

So yeah - you can use AP, continue with your H1 status and make trips on H1 if you want....
why would you want to do this though ??
Click to expand...
 
If we have AP and no H1 visa stamping in the passport but having H1(6 year or beyond 6 years) approval, can we enter on AP and still be on H1 status?
 
Last edited by a moderator:
gousgc said:
If you have AP and no H1(6 year or beyond 6 years) visa stamping in the passport, can we enter on AP and still be on H1 status?
Click to expand...

If you don't have H1, how can you be on H1 status?
 
gousgc said:
If we have AP and no H1 visa stamping in the passport but having H1(6 year or beyond 6 years) approval, can we enter on AP and still be on H1 status?
Click to expand...
YES -- you don't need a H1 visa stamp ..... that's precisely the reason for using AP for re-entry.

A lot of us do this to avoid the delays associated with getting visa stamps abroad.

AP does not impact your H status in ANY way -- you are still bound by all rules governing H status as if you never used AP for re-entry ... hope that makes it clear !
 
emailraja said:
If you don't have H1, how can you be on H1 status?
Click to expand...
You don't need a H visa stamp to be on H status .... your H approval notice is proof of your status (alongwith the approved LCA and employment proof)
 
question for matt_s_r

i never used EAD to change my employer, instead i got my h1 transfered.
now i am in a dilemma.

The h1 stamp(valid until sep12) is from my old company(that too even before it was amended to account for a location move in my old company). the ead/ap i have were also obtained by last company.

the new 797 i have is of course from the new company..

so knowing all this, will my h1 still be valid even if i had to enter on AP..



matt_s_r said:
Entering on AP does NOT affect your H status BUT switching to EAD
and change Employer DOES. Your H1 status is no more valid as soon
as you do this.
Click to expand...
 
not agree

max2k1 said:
Why do you want to switch to EAD ?

Entering on AP does not invalidate your H1 status -- if someone tells you otherwise, have them read the Cronin Memo
AP and H1 are independent .....

So yeah - you can use AP, continue with your H1 status and make trips on H1 if you want....
why would you want to do this though ??
Click to expand...
I got opposite idea from reading the Cronin Memo. The second paragragh under question 5 tells you that the nonimmigration status (H1-b) will not be remained.
Question 4 and 5 talk about 2 different situation - whether you have a valid AP but reenter by H1 or you reenter using AP.
 
Last edited by a moderator:
140neverend said:
I got opposite idea from reading the Cronin Memo. The second paragragh under question 5 tells you that the nonimmigration status (H1-b) will not be remained.
Question 4 and 5 talk about 2 different situation - whether you have a valid AP but reenter by H1 or you reenter using AP.
Click to expand...
Read it carefully again :)

I state it again: Using AP for re-entry does NOT invalidate or effect your (otherwise valid) H status in ANY way.
In other words, you can re-enter using AP but continue your employment using your H1 (and extend the H1 when needed and all of that).

If you read the memo a few times, you'll understand (its not very well worded - but which INS memo is ??)
 
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