On H1B status, no visa stamp in passport, can I apply from AP?

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cherrypick

Registered Users (C)
Hello forum,

I have a H1B status but I do not yet have a H1B visa stamp in my passport. I am putting together my package for 485 and EAD (after my recent approval of EB1A-I140). Can I apply for AP for an upcoming trip to India, instead of having to visit the consulate to get my visa stamp?

Thanks!
 
Following up on my question...will it affect my H1B status in any way after my return to the US? Or does the EAD always arrive before the AP??
 
You can definitely apply for an AP, but it must be approved before you leave the US in order for you to be able to use it. If you don't get it before you leave, you'll have to get a new H stamp.

As for your status, if you return to the US with your AP document, you will be paroled into the US; so by definition you will not be admitted in H status. So you won't have H status. But for parolees who were in H-1B status before departing the US, the USCIS allows them to continue working for the same employer without an EAD for as long as the original H-1B document is valid. When its close to expiring, you can apply to extend the document, and once approved, you will be reinstated in H status.
 
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