questions on AP/H1

W

_wac02121

New Member
Friends,

I have an AP/EAD but right now using H1 and have filed an extension in sept 2003. I will be travelling to India next week on AP since my H1 will not be approved by then and even if it gets approved I will have to go for interview since my visa stamp has expired more then a year.

My lawyer told me that after I come back they will file my H1B premium processing and they will need new I-94 form.
Is this okay to file new H1B again???
Also, when i use my AP while returning, at that time my H1 becomes invalid..right.. so does that mean i am automatically on EAD or need to inform BCIS first..If i need to inform first than am I out of status at that time???

sp.
 
Talk to your lawyer. In similar situation in the past what my lawyer advised me was:
"Using AP does not switch some one to EAD automatically! If some one has a valid approved H1 then they can use AP to travel but still continue work on H1B if they never invalidated it by working on EAD."

Whether you use H1 or EAD is in between you and your employer. There is nothing to inform BCIS. When you switch from H1 to EAD all you need to do is update your work permit status (H1/EAD/GC) with your employer by filling aform.

Goodluck
PCee
 
Thnx PCee for the reply.
I confirmed with the lawyer and whateever u mentioned is correct.. basically they don't want me to work on EAD at all (mainly because of EAD renewal) and so they will file premimum processing when i come back..

=sp.
 
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