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Jaguar2004

Registered Users (C)
My I-140 is approved and my 6th year H1 is expiring in May 05. I got EAD and AP. I have been traveling on AP. My questions is do I need to extend my H1-B for the 7th year. Or can I work on EAD and continue to travel on AP? I have done my FP also.

Thanks for the reply
 
Jaguar,

SInce you are already using AP to travel you are technicalaly using your EAD. Also since your 140 is cleared you can take easy with your h-1.

I am not an attorney.
 
Thanks; No I am not using EAD currently. But only using AP for travel. Do I need the H1B? THanks


willgetthere said:
Jaguar,

SInce you are already using AP to travel you are technicalaly using your EAD. Also since your 140 is cleared you can take easy with your h-1.

I am not an attorney.
Click to expand...
 
I believe, if a person once use EAD than stauts is immidately switched and H1 is lost.

This mean u are traveling on two boats, H1 can be used as backup boat. its upto u. good point is incase 485 got issue you wouldn't be out os status. :D

Good Luck
 
Thanks POJ. I did not use EAD. But when I was travelling back, at the NY airport they saw my AP inside the passport and asked me to use it. ( I have H1B visa valid till May 05.) Now wonder whether I need to get the H1B




PrinceofJungle said:
I believe, if a person once use EAD than stauts is immidately switched and H1 is lost.

This mean u are traveling on two boats, H1 can be used as backup boat. its upto u. good point is incase 485 got issue you wouldn't be out os status. :D

Good Luck
Click to expand...
 
Jaguar2004 said:
Thanks POJ. I did not use EAD. But when I was travelling back, at the NY airport they saw my AP inside the passport and asked me to use it. ( I have H1B visa valid till May 05.) Now wonder whether I need to get the H1B
Click to expand...

I am glad you didn't left some $$ in ur passport, they might ask u to USE :D .

just joking..... never put any $$ or u are asking a big touble.

As shared opinion, think on this way what to lose if u extend? except $$ which u didn't left in passport :D

Good Luck
 
Thanks POJ...How a Genius like you miss this point :D :D ; If I had the $$ i would have left it in. Tha't why I am trying to save $$ + attorney $$ if I don't have to get an extension for the 7th year.

On a serious note, you have a very good point. :rolleyes:

PrinceofJungle said:
I am glad you didn't left some $$ in ur passport, they might ask u to USE :D .

just joking..... never put any $$ or u are asking a big touble.

As shared opinion, think on this way what to lose if u extend? except $$ which u didn't left in passport :D

Good Luck
Click to expand...
 
Jaguar2004 said:
How a Genius like you .........
Click to expand...
Who mention u that I am...... btw some excersise are recommended :D


HTML: 
                Some Recommended Exercise to become Genius
                    _                       _
                 (\/ )        _  _         ( \/)
                  \  |       ( \/ )        |  /
                   ) |        \  /         | (
                  /  \         \/         /   \
                ,-    \       /  \       /    -,
               /6 6    \     / _  \     /     a a
            &/(_x_ ),_/`)   / 6 6  \   (`\_,( _x_)-/}
                      `  `-'>(_x_)< `-' `

Good Luck in excercise, plz keep us update us when u see progress :D
 
Jaguar2004: AP for travel and H-1 status

I know that an extension of H-1 costs some money but it also saves us from thinking what if I485 will not be approved. in your case you already spent 6 years and EAD will serve its purpouse.
I have a question for you. You mentioned that although you use AP for travel you are still holding H-1 status. that is what my lower explained to me and this is based on some memo. I need to travel to France and I do not have time to wait for visa stamp (H-1) overthere. She told me that if I use AP and they do not write a new regulation i will be considered authorized for work on the basis of my H-1. I did not apply for EAD. Can you please share your experience and information. What do you mean use AP for travel? On Poer of Entry- Did they put something in your passport that you are parolee or on your I-94? Thanks.
________________
ND June 1, 2002
FP Feb 18, 2005
 
willgetthere said:
Jaguar,

SInce you are already using AP to travel you are technicalaly using your EAD. Also since your 140 is cleared you can take easy with your h-1.

I am not an attorney.
Click to expand...
Please be advised that using AP to travel abroad doesn't automatically change your status. You can still be on H1 or whatever while using AP to travel abroad. Using EAD only changes your status.
 
willgetthere said:
If you are using AP to travel your H-1 is not valid anymore. i would suggest you to get an expert suggestion.
Click to expand...
Please don't spread incorrect information across the forum. Using AP doesn't invalidate your H1 status.
 
sri4gc, my lowyer told me the information about preserving H-1 status wile using AP for travel is based on some kind of memo that might be changed in the future ( nobody knows?!). that might put somebody like me ( without EAD) in undesirible situation when return to the USA after using AP. Do you have more information about this issue?
Thanks in advance,
__________________
ND June 1, 2002
FP Feb 18, 2005
 
Jaguar2004 said:
My I-140 is approved and my 6th year H1 is expiring in May 05. I got EAD and AP. I have been traveling on AP. My questions is do I need to extend my H1-B for the 7th year. Or can I work on EAD and continue to travel on AP? I have done my FP also.

Thanks for the reply
Click to expand...

I think it is your personal choices.

You can use EAD (based on I-485)OR file the extention of H1B before H1B expires. As long as you did not use EAD to work for employers other than H1B company, You are still eligible to file H1B extension. My Lawyer suggested me to use EAD after Using AP to be consistent, though She is sure that I can still file H1B extention with no problem.

I think the only difference is that you can not work without actual EAD card (if you decide to use EAD), while you can work on H1B as long as you file the extention before H1B expired. You can not work if your renewed EAD is not available after the current EAD expired. You have to make sure no gap in EADs. I was suggested to apply EAD renew 6 months ahead
 
Thanks all you guys for the response.

micaprasica, This is what happend:

I was traveling back to US via NewYork Airport. Gave my PP. It had the H1B visa till May 2005. Officer asked me whether I have extended my stay in US under H1B. I told him that when I get back I will be, but currently I am on a pending approval for I-485. Then he saw my AP ( which I kept inside my PP) and he said I should use the AP since it overides the H1B visa......I told him tha I have time till May 2005 on my H1B. But, he repeated what he said before and asked me to go to the office inside to preocess the AP. He was a nice guy who explained to me clearly unlike others I have encounterd before :eek:

Processing AP: Basically they took my I-94 which was dated till May 2005 for H1B and gave me a new I-94 with AOS stamp on it with the AP expiry date on it. Also, they gave me a copy of the AP approval. Whole thing took 5 minutes. I talked to my lawyer who said no problem and asked me travel using AP. (save the visa fee and trouble specially when I go on business trips which are ususally short)

I am not quite sure about your case, but I would say if the lawyer says you could travel ( and if H1B extension is approved or pending) then I don't see why you can't come back using AP. ( with the exception of I485 being rejected while you are out.) I do not have specific information about your case. I would go with what ever your lawyer says in this case.

Hope this helps.
 
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