Leaving the US: should I use AP or H1B?

M

mathpc

Registered Users (C)
Hi All
I know my lawyer told me that H1B has dual intent, ie for work, and for AOS. My H1B expires on 30 Sep, and I'm leaving my employer at the end of Aug. I applied for AP on 5 June and got it on 7 July. I'd like to go overseas in Aug, so I'd like to get your opinion if I'm better off just using my H1B to enter the US instead of AP. What would be the pros and cons of using H1B over AP, and vice versa? Thanks for your input.

Cheers
math
I485, EB1
RD 3/27/02
FP 5/17/02
EAD pending (online appln 6 June)
 
As long as you are employed with the employer

you should be able to use the H1. I read on Murthy.com that you can use your H1 visa even if you have an AP.

But I think once you use your AP you are on the EAD and not your H1 ... but i am not sure about that.
 
Using AP does not void H1, as long as you work for the same employer..!!

Using EAD voids H1.

Use H1 to enter US and if asked you can always use AP thereafter.
 
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