Jim Mills..Help please...

[waitinglong]

I have applied for my 485. I don\'t have the most current H1 visa in my passport. But, my H1 petition is valid until Jan, 2004. I have travelled and returned back on AP. I do have an approved EAD. Now, what\'s my status? Is it parolee? or H1? If parolee, am I using my EAD or my H1? can you please clarify..Thanks a lot.

 

[d09se13]

You should be OK ...

if you are working for H1 petition employer.

Disclaimer: I am not an attorney. Use the information at your risk.

 

[waitinglong]

Thanks..

Yes..I am working for my H1 petition employer..I would appreciate if Jim can post his opinion..

 

[Jaic]

AS soon as you use EAD or AP

YOU ARE NO MORE H1-B. THAT\'S IT!!

 

[Jim Mills]

No.

Entry on AP does NOT invalidate H-1 status. Working on EAD does invalidate H-1 status but H-1 status can be resumed by reentering on an H-1 visa or applying for an extension and getting I-94 forms.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702

 

[Samir Das]

Hi, waiting long!

Your status is Adjustment of Status as soon as you have filed for AOS--you may revert back to H1 B if you have not used your EAD and your AOS is denied. But really, you should not break your head over this--you are OK, with the petitioning employer of your H1B and are in AOS status!

 

[waitinglong]

Thanks..all

I appreciate your responses..Have a nice day! everyone..