Question regarding AP

D

DEC152005EB2

Registered Users (C)
Hello All,

I am going to apply for H1B 3 year extension in July 2008 and I have filed 485,got EAD too, didnot apply for AP. Here is my question. Once I get 3 year extension.

I will apply for AP soon.

Can I travel by using AP without get stamped on Passport?

I am not using EAD right now, I donot wanna to use in future too.

Thanks in advance for your help.
 
When you have H1, you only 'carry' your AP, just in case. You enter on H1.

You should get consular stamp for H1 if possible.

There is some credence to the sitaution of entering on AP and working in H1, but I have yet to see this as practicable.
 
You can tavel using AP now. Once you return to the U.S. your status will be a parolee and you can work using EAD. Later, you can revert to H-1B status once your new H-1b extension gets approved.
 
Guys,

I will go before or after my H1B extension, that is nt the matter, but I want to be on H1B until get GC.

Here is My question. Can I travel with AP not using EAD?

What will Immigration write on I-94, when I come back to USA?

Usually they write for H1B holders H1B1. What about If I carry AP?

If I travel with AP, Would my status be EAD automatically or be on H1B?
 
To my best knowledge:
Once you use AP your status is moved off from H1B to Parole and the only way you can work under that status is via EAD. So entering the US on Ap has the ripple effect that ripples all the way to you having to use your EAD.
Again I may be wrong this front, so please confirm with a professional attorney as well.
Cheers,
 
There is no such thing as EAD status. EAD is work authorization, not a status.

As to your main question: It depends on when your current H expires and when you get your renewal. Pretend you don't travel: will you have your H-1 renewed before your current one expires? Then assume you travel and return with AP: If you return to the US and you didn't have your renewal approved before you left, you may have to adjust your I-9 with your employer to reflect that you are working with your EAD. Otherwise, you may leave your I-9 untouched provided you apply for H-1 extension once you return. (Check with other forum members on this and also read the Cronin Memorandum which you can find using Google).

To simplify: If you are paroled into the US, you will have to apply for reinstatement of your H-1B but do not have to use your EAD if your H-1 status would otherwise have remained valid had you not traveled.

As for what they write on I-94... they usually will write "Paroled until.." with a date (that you can ignore as long as your AOS application is lawfully filed and pending). But even if they write "Whassup", worrying about what they write on your I-94 is letting yourself get too freaked out over inconsequential details.....
 
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