Q) Is it possible to apply new H1B in AOS?

K

karlk_re

Registered Users (C)
Becasue it takes so long to get an AP to travel, is that OK to get new H1B for traveling? Wotking with EAD, applied AP Aug. 485:wac02122. Thanks.

Karlk.
 
Yes

You can apply for a new H1-B during AOS, but would need to get it stamped on your passport to use it for entering back into the country.
 
to add

i am doing this as well.

there is no other option, especially when you have some more time left on H1 and want to bring potential spouse over on H4 at a future time.

LW
 
NOw the twist is when you leave the country you are under AOS since you are using EAD and when u leave without AP you are abandoning your 485 . It will be up to offer at POE to decide then .
 
If you have used the EAD then you CANNOT use H1 to enter the country unless you wish to have your AOS case marked for abandonment.

Sad but true, hence if you have the alternative then work on H1 but travel on AP. Apply for AP real early (4 months prior to expiry of current AP), and in case you cannot get the AP in time, then you can travel on H1 while showing your 485 receipt at the immigration counter.
 
Have AP while existing

I don't think H1 has anything to do with abandonment of AOS.

But you should have a valid AP when you are exiting the country if you are using an EAD to work. You can get your "NEW" H1 stamped abroad and enter using the newly stamped H1.

They do say that you should have valid I-485 receipt as well with your H1. I am curious to hear about people who travelled using H1-B and showed the original 485 receipt. Didn't the officer by default ask for AP?

Most time the POE Officer doesn't ask for any other documents if you have valid H1. In my case I had receipt but officer didn't ask, I didn't show. I had my AP also with me but didn't use it. I checked with my lawyer and on some chats and 485 receipt doesn't seem to be a issue.
 
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