Question regarding AP, EAD

M

muract

Registered Users (C)
Hi all.


Posted this message on optimists thread - got no response. Hoping questions get answered here.

Planning to visit India with wife and son in November. I will visit for 2 weeks, wife & son will be there for 3 months. Son is US citizen - born here.

working on H-1B work permit - but both wife and I have EAD and AP unused.

Plan to get back using AP - I don't have H-1 stamp on passport and wife does not have H-4 visa.
2 questions
1. Lawyer says using AP invalidates H-1B work permit and assumes using EAD. Is that right ?
2. My RD is Feb 2002. What happens if I were to be laid off when wife is still in India - till February 2003? Would that cause any serious problems for her to get back.

Thanks

Muract
 
(1) what your lawyer says is correct
(2)Not sure here.

Hope it helps, atleast partly.

ska
 
Help - Question about AP and EAD

Thanks SKA,

That helps a little bit ?

Gurus any thoughts on the second question ???

Thanks
 
according to new INS rules on AP in force (since june 2000 i believe), simply using AP to re-enter the US does not invalidate your H1 status. On the other hand, using EAD most certainly does; if you have used EAD, then you have to use AP for re-entry. If you are in valid nonimmigrant H1 status, then you can use either H1 stamp in your passport (if you have one), or AP to re-enter the US, and then continue to work on H1. Here's a reference to one of Jim Mill's posts on this issue: Jim R U Sure ?.

as to your second question, i am not sure if there is a good answer for that. your wife may or may not face any questioning on your employment status, although you are more likely to. in any case, experts normally warn against travelling outside the US if there is any danger of layoffs etc.

but, i am not a lawyer or immigration expert... before you change any plans, please consult a qualified lawyer.
 
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