Risk of using AP as H-1B

Q

questionGirl

New Member
I E-filed AP on 8/24/2004 and got approved 9/30/04. I also got my EAD a little bit earlier. I am planning to go back China this Dec. But my lawyer told me if I will use AP to reenter USA, that means I will lose my H-1 status and have to start using EAD. But I don't want to do it, becasue if my I-140 or 485 get declined, I will lose status right away. Do you guys have similar experience? Is my lawyer correct? Should I take risk?
 
questionGirl said:
I E-filed AP on 8/24/2004 and got approved 9/30/04. I also got my EAD a little bit earlier. I am planning to go back China this Dec. But my lawyer told me if I will use AP to reenter USA, that means I will lose my H-1 status and have to start using EAD. But I don't want to do it, becasue if my I-140 or 485 get declined, I will lose status right away. Do you guys have similar experience? Is my lawyer correct? Should I take risk?
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I believe your attorney is wrong. I used AP to enter USA in August and I'm still working on H1.
 
questionGirl said:
I E-filed AP on 8/24/2004 and got approved 9/30/04. I also got my EAD a little bit earlier. I am planning to go back China this Dec. But my lawyer told me if I will use AP to reenter USA, that means I will lose my H-1 status and have to start using EAD. But I don't want to do it, becasue if my I-140 or 485 get declined, I will lose status right away. Do you guys have similar experience? Is my lawyer correct? Should I take risk?
Click to expand...

ur attorney is absulutely wrong!!

u never loose H1 status until u start using EAD or 485 is approved.

If u have H1 visa then show it @ POE instead of AP. I'll be doing
the same very soon.
 
Thank you so much. Actually my attorney also said, if I want to keep the H-1B status after I come back, I should ask my employer to file some sort of letter to maintain my H-1B, otherwise, I have to give my employer my EAD card. I guess it is not necessary, right?

One more question, when you left the States, do you need to let your employer know and give them your EAD card when you come back? The second question probably sounds silly, but I just want to do exactly what you guys did.
 
questionGirl said:
Thank you so much. Actually my attorney also said, if I want to keep the H-1B status after I come back, I should ask my employer to file some sort of letter to maintain my H-1B, otherwise, I have to give my employer my EAD card. I guess it is not necessary, right?

One more question, when you left the States, do you need to let your employer know and give them your EAD card when you come back? The second question probably sounds silly, but I just want to do exactly what you guys did.
Click to expand...


U dont need to file any letter to maintain ur H1b. Looks like
ur attorney needs to read some forums herein to gain some
knowledge. :)

EAD is ur property. U dont need to surrender it to anybody except
USCIS[in rare cases].
 
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I just came back into the USA and started going to work as usual.

No difference from before my trip whatsoever :)


No letter, no phone call, no surrendering of EAD, NOTHING.

And before I left USA, ofcourse I told my employer, but that was just because I needed the vacation... nothing to do with H1 or EAD...
 
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