Please help AP and H-1B

[wait485]

Hi,

   My husband need go back to home country because of family medical emergency. his 485 was submitted in June 2001. I have
   two questions:

   1. my husband doesn\'t want to apply EAD, he would like to keep his H-1, he got H-1 approval from INS, no stamp, it is expires on
   2004, can he apply AP for returning U.S.A, and keep his H-1B?

   2. Is it true, if someone used AP for returning U.S.A, then they won\'t get H-1 approval (for the newer employer) if they got laid off
   from the sponsor employer, and 180 days not over yet.

   Thanks!
   wait485

 

[Sunny485]

No Title

Once your husband uses AP he will no longer be on H1 status, he will have to work using EAD. He can maintain his H1 status only by getting his H1 stamped in India if he does not already have a valid visa on his passport.

 

[wait485]

It is legal to use H-1B reenter even we have filed 485??

Sunny485,

Thanks for your information. so it is possible to use H-1B to reenter U.S.A even we have filed 485? I was heard I have to use AP reenter U.S.A if 485 have filed.

wait485

 

[Sunny485]

No Title

Yes it is legal. I personally went to India and had my H1 stamped and entered on H1 even when I had my 485 pending.

You need Advance Parole only if you have used ead to work.

 

[wait485]

Sunny485,

get stamp meaning apply for a H-1B visa from U.S consulate, right?
Thank you so much for giving me this information.

wait485

 

[charles yu]

No Title

Interesting!
So that means H1B people with his I485 filed still can apply for H1B visa to reenter the US, and still can keep his H1B status for his current job and may apply for H1B for a potential future job.

If my understanding is right, people working with EAD have to use AP to reenter U.S. (actually they do not have other choices), while people with H1B can have two choices.

LikeThisIdea

 

[prseeker]

You are right, but problem is maybe you can\'t get your H1 outside US

 

 

[wait485]

why can\'t get H1 outside US

You can go to U.S Consulate to apply a new H-1B visa. I have a co-worker got a H-1B visa while he is applying GC, he is waiting for LC approve at that time.