Need you advice, H-1B or AP?

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fastapproval

Registered Users (C)
Hi Guys,

My following question might be asked by someone else in this forum. But if you know the answer or know the link where I could find the answer, please let me know. I need your advice.

My situation: I have H1-B visa (2nd year) and I have AP based on a pending I-485 (my I-140 has been approved already). I will have a business trip in China for about three months.

My questions: Should I apply H1-B in China or I just simply use my AP to enter US? What are the advantages and disadvantages for both?

Thank you very much in advance for any input.
 
fastapproval said:
Hi Guys,

My following question might be asked by someone else in this forum. But if you know the answer or know the link where I could find the answer, please let me know. I need your advice.

My situation: I have H1-B visa (2nd year) and I have AP based on a pending I-485 (my I-140 has been approved already). I will have a business trip in China for about three months.

My questions: Should I apply H1-B in China or I just simply use my AP to enter US? What are the advantages and disadvantages for both?

Thank you very much in advance for any input.
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Is your h1 stamp in passport valid? If not you can either get new stamp or come back using AP. I would not bother to get stamping when I already have AP.

Only thing to keep in mind when you use AP, is your new I-94 will have same expiry as of AP.

FYI:- many people have impression that usage of AP converts ones status from H1-B to EAD, which is simply not true. Until and unless you use EAD, you are on h1-b status.
 
Is your h1 stamp in passport valid? If not you can either get new stamp or come back using AP. I would not bother to get stamping when I already have AP.
I don't have H-1B stamp in my passport. I used F-1 visa to enter US 5 years ago and changed to H1-B last year after I got my current job. I worry that they may spend long time to check my background in China because I have never been back since 5 years ago.Does it make any differences having stamp or not having stamp?

Only thing to keep in mind when you use AP, is your new I-94 will have same expiry as of AP.
Do I have to turn in my I-94 when I am leaving US? Will I get a same number on my new I-94? What the disadvantage if my new I-94 has same expire date as of AP?

FYI:- many people have impression that usage of AP converts ones status from H1-B to EAD, which is simply not true. Until and unless you use EAD, you are on h1-b status.
Thanks for this info.
 
If your H1 is still valid, why would you need AP? Unless you have EAD and used it, you would still be H1 with AOS pending, allowing you to come and go. An AP is needed only if your H1 is no longer valid or you used EAD to get another job.
 
esseyeb said:
If your H1 is still valid, why would you need AP? Unless you have EAD and used it, you would still be H1 with AOS pending, allowing you to come and go. An AP is needed only if your H1 is no longer valid or you used EAD to get another job.
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Someone told me that if I use AP to enter US, then I lose my H1-B status, so if some day my pending I-485 is denied, I will have no status.

I have another question: Should I turn in I-94 in the airport before aboard? If I get a new I-94 when I enter US, is the number on new I-94 as same as the number on my old I-94?
 
fastapproval said:
Someone told me that if I use AP to enter US, then I lose my H1-B status, so if some day my pending I-485 is denied, I will have no status.
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I did mention about this misunderstanding in my earlier post. Your status from h1-b to EAD will toast only when you use EAD not AP. AP is just a travelling document. I don't have link handy but help yourself googling. hint, shusterman's site has clearly mention about this.

Answer my simple question, do you fill up I-9 form when you use AP?
 
dyingforgc said:
I did mention about this misunderstanding in my earlier post. Your status from h1-b to EAD will toast only when you use EAD not AP. AP is just a travelling document. I don't have link handy but help yourself googling. hint, shusterman's site has clearly mention about this.

Answer my simple question, do you fill up I-9 form when you use AP?
Click to expand...

Yes, I filled I-9 before I started to work.

I have a question: should I turn in I-94 in the airport?
 
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