Please help--travel on AP/come back and work on H1B

I

iip3

Registered Users (C)
The company I work for asks me to travel overseas at end of this month (only 10 days left). I have received AP but no EAD yet(filed EAD 1/16/02 TSC). My H1B is valid until early next year, but my H1B stamp expired.

Since unlikely I will get my EAD at the end of this month, what is the best solution for me? I read some post saying that if I use AP to enter the country, I have to use EAD to work. However my attorney kept saying that I still can use H1B after I come back on AP since it is valid until next year. Is she right?

Thank you.
 
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You have to use EAD if you enter the country using AP even if your H1B is valid till next year. However, if you get a fresh H1B stamp on your passport, then you do not need to use AP/EAD.
 
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Your lawyer is right. Ask him/her for the INS memo of 5/16/00 regarding this issue. You will be still in H-1 status after you enter with AP.
 
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Your Lawyer & Hopeful0820, both are right.
You don\'t necessarily void your H1B status if you travel on H1B. I myself have travelled on AP last year, and when my H1B (not stamped on passport) expired mid february, I applied for renewal, and it was renewed for another 3 years without any complications. (By the way, I used premium processing and it got approved in/about 15 days)

So, I am the living proof, that you don\'t really need EAD if your H1B is still valid, even after AP travel.

Those guys who are asking, why didn\'t I apply for EAD instead of renewing my H1B, I have my reasons. :)
 
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i do not think you can work on your H1 once you have used your AP. They are not consistent..

going by a few cases where INS has allowed this is not a precedence - as we know INS has goofed up in many cases.
 
What is a visa stamp?

I have been on H1B for years and have never got any visa stamp. All I have is my I-129 approval notice with new I-94 attached. I hope I have not missed anything.
 
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