Please answer asap

[GCAspirant123]

My friend used his AP to re-enter to US. He has valid time in H1-B. His company insists to use H1-B and to extend H1-B.

Doesn't he have to use EAD? He has not used his EAD before
Please respond as quickly as u can.

 

[Tin]

I have a friend , who entered US using AP but still maintained H1B status at work for a year, until he got GC approval.
It is better to use H1B.

 

[mylvka]

His H-1B is void now

Using AP to come in made the H-1B void immediately. He needs to use EAD now. I don't know if he can and how he can revalidate his H-1B.

 

[TheRealCanadian]

Re: His H-1B is void now

Originally posted by mylvka
He needs to use EAD now. I don't know if he can and how he can revalidate his H-1B.

Leave the US and re-enter using the H-1B.

 

[GcMemphis]

Not Reqd to have EAD

If you are using AP then is not mandatory to have EAD, you can still be on H1B.

I had used AP to reenter US but still on H1. IIO said that if you are with same employer and using AP to enter country back, your H1B will be still valid.

GcMemphis.

 

[TheRealCanadian]

Re: Not Reqd to have EAD

Originally posted by GcMemphis
If you are using AP then is not mandatory to have EAD, you can still be on H1B.

No - think of the H-1B as a combination of EAD and AP; it allows you to enter the US and stay, and it allows you to work.

If you use AP to enter, your status is not H-1, it is "parolee". At that point you need some other employment authorization to work. You need the EAD.

Using AP doesn't permanently invalidate your H-1, but for it does for the purposes of the current entry.

 

[badobo]

U need not have to work on EAD even if u have used ur AP.

U can continue working on H1 even if u enter using AP.

 

[king1999]

Re: Re: Not Reqd to have EAD

Originally posted by TheRealCanadian
No - think of the H-1B as a combination of EAD and AP; it allows you to enter the US and stay, and it allows you to work.

If you use AP to enter, your status is not H-1, it is "parolee". At that point you need some other employment authorization to work. You need the EAD.

Using AP doesn't permanently invalidate your H-1, but for it does for the purposes of the current entry.

This was true about two years ago. But the policy has changed since. You can use AP and still keep H-1B as long as you don't use EAD. A co-worker of mine has done that with no problem. Ask your attorney if you are not sure.