Question on EAD+AP vs. H1B - pls advise

S

sneeha_123

Registered Users (C)
Hello All:

I am in 485 stage with EAD+AP in hand and waiting for more than a year for final approval.

I got my H1B approval as well recently. And that is valid till March'04 - when I complete 6 years in US.

I am planning to visit India next month.

Can you pls advise which one will be prudent to use while coming back to USA - AP+EAD or H1B?

If I come with AP+EAD - I have no hassle to get my passport stamped etc . and also need not pay the fees.

Is there any negative side of using AP+EAD instead H1B?

I will really appreciate any response.

Thanks in advance
Sneeha
 
Any suggestion? I am seeing my question is going down pretty fast after 9 visits. Just need some assurance on my decision
 
sneeha_123,

No problem using AP instead of H1. You do not need an EAD to enter the country, EAD is employment authorization document (it is like saying you need an AP to work).

You will have to undergo secondary inspection which is a breeze these days specially in SFO. Don't sweat it, travel using AP. Just remember to take a number of copies of your AP/485 receipt, since people at other immigration counters and the airline might require a copy of the AP before letting you through. And on NO ACCOUNT hand them the original!

Good luck and have a safe trip.

p.s. this is a much asked question so if you need further information don't hesitate to use the search functionality
 
Thank You 140_takes_4ever.

Thats what my plan was. As I was going through other messages, it seems my approved H1B will be valid as well unless I change my company. I wont worry about H1B anyway after coming back on AP.

My only concern was some airports in India dont understand the concept of AP. They need some explanation whereas H1B VISA needs no explanation. Anyway, thats their problem.
 
Originally posted by sneeha_123
My only concern was some airports in India dont understand the concept of AP. They need some explanation whereas H1B VISA needs no explanation. Anyway, thats their problem.
Click to expand...
You are right to think that airports in India don't understand AP, but it is as much your problem as theirs, since they won't let you board unless they know for sure that you will be allowed entry into the port of arrival. This is where the EAD helps, because they have been know to think it is the GC and let you through.

My suggestion:
1. Take multiple copies of AP (DON'T HAND OVER THE ORIGINAL, they have been known to keep one for their records).
2. Go early to avoid the problem of running out of time to explain your situation.
3. If you have a valid H1 stamp on your passport show that to avoid all the above mentioned problems. (I did just that last time I left the country) The document you show on departure need not be what you use to enter the US.

Good luck!
 
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