Please Help - H1B/EAD/AP- Travel

[hi_nene]

Here is My case:

I currently working on H1B..H1B extension applied on Sep 22' 03.
Obviuosly no approval yet.

My wife is working on EAD.

My EAD and AP are expiring on Feb 10 th 2004. Applied for extension(renewal) on Nov 10th(posted).

Now my question is if i want go to india in Dec and Come back by Jan 1 week and assume that my H1 is not approved by that time and i Come back on AP

What will be my status after coming back on AP. Can i still work with my H1...(Which is rigth now pending for approval)?

or

Do I need to swicth to EAD?

 

[ThakurSahab]

Nene...
You can search Murthy's previous chats at http://www.murthy.com, this question has been asked several times...... as per her you can come back on AP, but you will not be able to work on H-1B, you will have to switch to EAD and if you want to regain your H status then once your extension petition is approved leave country and reenter with new H visa stamp.

 

[vijayrc]

Well if you are on H1 working with the same employer who filed H1 and havenot used EAD, and entering on AP...you are still in H1.

Use of EAD voids H1....!!

 

[OmGV]

Originally posted by hi_nene
Here is My case:

I currently working on H1B..H1B extension applied on Sep 22' 03.
Obviuosly no approval yet.

My wife is working on EAD.

My EAD and AP are expiring on Feb 10 th 2004. Applied for extension(renewal) on Nov 10th(posted).

Now my question is if i want go to india in Dec and Come back by Jan 1 week and assume that my H1 is not approved by that time and i Come back on AP

What will be my status after coming back on AP. Can i still work with my H1...(Which is rigth now pending for approval)?

or

Do I need to swicth to EAD?

Use of EAD voids H1, but use of AP doesn't.