You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Possible to renew H1-B after EAD expires?
- Thread starter unclocked
- Start date
This is not true. Using AP does not kill your H1 status as long as you have valid H1 status and you work for the same employer when you enter with AP.unclocked said:Hi,
If you enter U.S using AP, I heard H1-B automatically expires.
If you used EAD to work, then your status is changed to authorzied stay based on pending AOS.
Last edited by a moderator:
Ok, I am a little confused now.GotPR? said:This is not true. Using AP does not kill your H1 status as long as you have valid H1 status and you work for the same employer when you enter with AP.
If you used EAD to work, then your status is changed to authorzied stay based on pending AOS.
I have a valid H1B, and also an EAD. Until now, I've used H1-B to work for my employer. However, I'll be using AP to re-enter U.S next month. So, when I am back, will my H1-B still be valid? I have this question because my EAD will expire soon after I arrive, and it's going to be a while before I qualify for an interim EAD. I am wondering if I can use H1-B to work during that blackout period.
TIA
Unless you use EAD to work, you are still on H1 status even though you use AP to enter the US(provided you are meeting all the H1 requirement such as being employed and H1 petition is still valid). If you want to keep your H1 status, DO NOT use EAD, however, using AP to reenter is OK.
Read the following legacy INS memo.
http://www.shusterman.com/cronin51600.html
Read the following legacy INS memo.
http://www.shusterman.com/cronin51600.html
Last edited by a moderator:
Thanks for the reply and for the link.GotPR? said:DO NOT use EAD, however, using AP to reenter is OK.
Read the following legacy INS memo.
http://www.shusterman.com/cronin51600.html
BTW, what does it mean by 'Do not use EAD'? I currently have both, both are valid. At what point will I be on EAD and not on H1?
TIA
If you show your EAD as workpermit to employer, you "used EAD". For example, your H1 is expired, and you should show your workpermit, then EAD is only one you can show. You fill out I-9 with EAD, then you used EAD.
Or you change the employer, but you dicided not to transfer H1, then EAD should be the workpermit you should use. Again, you will fill out I9 with EAD.
Even though you did not fill out I-9 with EAD, if your H1 is not valid anymore but you are still working, it is implicit you are using EAD to work.
Or you change the employer, but you dicided not to transfer H1, then EAD should be the workpermit you should use. Again, you will fill out I9 with EAD.
Even though you did not fill out I-9 with EAD, if your H1 is not valid anymore but you are still working, it is implicit you are using EAD to work.