Please help !!! Ciba and others !!!

sandy boy

Registered Users (C)
Hi Folks,
I applied for my I-485/EAD and AP in October\' 2000. I and my wife ( who is also on H1B) received our APs in Jan\' 2001 and EADs in April\'2001. Since there was a \'TYPO\' error in my AP, my attorney sent it back to INS for correction. After that we have not received anything from INS about AP. Now, my question here is that once we get our EADs is it a must for us to change our status to EAD and travel on AP or can we still stay on H1B and travel on H1B visa ? I will appreciate if any of you can help me in this matter. My I-485 is still in process because of RFE for new I-140.
 
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Hi Sandy,

No, you don\'t have to switch to EAD/AP if you don\'t want to.
You can stay on H1 status and use H1 visa stamp along with
I-485 receipt to travel.

ciba
 
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Hi Ciba,
Thanks for the prompt reply. If I can stay on H1B status then I should not have problems for stamping of visa because of EAD and AP. Right ?
 
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H1 is a duel intent visa. Applying for EAD/AP will not affect your visa
stamp application at consular posts. However, I would caution you not
to travel if your H1 visa stamping is expiring until you get AP in hand.

ciba
 
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