sunnyprince
Registered Users (C)
Have anybody re-entered US using a valid AP with EAD still pending? Is it advisable to go out of the country without a valid EAD?
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Question on Re-Entering US With AP
- Thread starter sunnyprince
- Start date
TheRealCanadian
Volunteer Moderator
Is it advisable to go out of the country without a valid EAD?
The EAD has nothing to do with re-entry.
sunnyprince
Registered Users (C)
The EAD has nothing to do with re-entry.
Thank you for your replying.
Is it safe to travel? when my EAD approval is still pending. I have a valid H1B, but no stamping. Do i need to get H1B stamping done before entering US or just use AP? Currently I am working on my H1B.
genemaster
Registered Users (C)
Two scenarios:
1. Enter country on H1-B: in this c ase you need to get the passport stamped while outside the US.
2.Enter on AP: this way you are practically abandoning your H1-B status and are now in "I-485 pending" status. The same happens if spouse starts working using his/her EAD (H-$ is abandoned). This is not a problem if your application has gone smoothly so far. However, if (although it is rare), your I-485 is denied, you might be in trouble and will have to ask your employer for a new H1-B ( and I think this year's quota is full, unless you have an MS degree).
GM
1. Enter country on H1-B: in this c ase you need to get the passport stamped while outside the US.
2.Enter on AP: this way you are practically abandoning your H1-B status and are now in "I-485 pending" status. The same happens if spouse starts working using his/her EAD (H-$ is abandoned). This is not a problem if your application has gone smoothly so far. However, if (although it is rare), your I-485 is denied, you might be in trouble and will have to ask your employer for a new H1-B ( and I think this year's quota is full, unless you have an MS degree).
GM
TheRealCanadian
Volunteer Moderator
Enter on AP: this way you are practically abandoning your H1-B status and are now in "I-485 pending" status.
Wrong. Please read the Cronin Memorandum.
However, if (although it is rare), your I-485 is denied, you might be in trouble and will have to ask your employer for a new H1-B ( and I think this year's quota is full, unless you have an MS degree).
Unless he leaves the US for a year, he is not subject to the cap.
sunnyprince
Registered Users (C)
Wrong. Please read the Cronin Memorandum.
Unless he leaves the US for a year, he is not subject to the cap.
I Googled and found previous posts by you: http://www.immigrationportal.com/archive/index.php/t-218536.html
Below link answers my question....
http://www.murthy.com/news/UDnewins.html