Shifting back to H1B after working in EAD

[gsimi]

Hi,
I am new to this forum. This may be silly.

H1 Valid until Mar 2006 but not yet stamped.
Applied for EAD last week of Jan'05. Still waiting....

1) I got my H1 extension last year and one year is going to be over next month. What if I don't get it stamped until then, Will my H1 be still valid?

2) I have my H1B which is going to expire in Mar 2006. Still I did not go for stamping. Right now my I-140 is approved and waiting for EAD to come any time. In this case, I want to travel to India on advance parol and I am not planning to stamp my H1 in India. After I come back from India, how would I be working. Would I be working in EAD? In case, If I didn't get my EAD before going to India. What would be my work status after my return to US?
3) 2 nd scenario: In case I got the EAD and assume that I am working in EAD after my return from India. Unfortunately if my 485 gets rejected for some reason, is it possible for me to work back on H1 immediately. If not what will happen? Assume that still I have 2 years left on my H1.

I would really appreciate your reply.

Thanks a lot

 

[Want GC Soon]

Hi,
I am new to this forum. This may be silly.

H1 Valid until Mar 2006 but not yet stamped.
Applied for EAD last week of Jan'05. Still waiting....

1) I got my H1 extension last year and one year is going to be over next month. What if I don't get it stamped until then, Will my H1 be still valid?

2) I have my H1B which is going to expire in Mar 2006. Still I did not go for stamping. Right now my I-140 is approved and waiting for EAD to come any time. In this case, I want to travel to India on advance parol and I am not planning to stamp my H1 in India. After I come back from India, how would I be working. Would I be working in EAD? In case, If I didn't get my EAD before going to India. What would be my work status after my return to US?
3) 2 nd scenario: In case I got the EAD and assume that I am working in EAD after my return from India. Unfortunately if my 485 gets rejected for some reason, is it possible for me to work back on H1 immediately. If not what will happen? Assume that still I have 2 years left on my H1.

I would really appreciate your reply.

Thanks a lot

Answers:

1. Yes your H1B is still valid as long as you have the approval copy in your hand. But you need to surrender that I-94 when you leave the country incase your visa has already expired on your passport.

2. Entering on AP wouldn't nullify your H1B status and this has been repeatedly discussed in all forums and Murthy is also tired in answering this question. So you can still work on H1B even after entering on AP.

3. Incase your 485 gets denied, then you need to apply for H1B again and this time, you wouldnt be able to count out of the quota, so you will fall in the 65,000+20,000 visa quota of H1B's and need to get it stamped at your home country(assuming its India) and come back.

Good Luck!

 

[GCJaisaKoiNahi]

Answers:

3. Incase your 485 gets denied, then you need to apply for H1B again and this time, you wouldnt be able to count out of the quota, so you will fall in the 65,000+20,000 visa quota of H1B's and need to get it stamped at your home country(assuming its India) and come back.

This is new to me. Can some one shed more light on it?

 

[satgym73]

Hi Want GC Soon / anyone,

Can you explain me what is the best option to me in my case....

Answers:
1. Yes your H1B is still valid as long as you have the approval copy in your hand. But you need to surrender that I-94 when you leave the country incase your visa has already expired on your passport.

=> My H1 and my wife's H4 stamped visa on passport is valid until 10/15/05 and it's from my previous employer. Recently i changed my employer and got the new H1 and H4 approvals which is valid until 04/22/06 (which is not stamped in the passport and we are not going to get stamping again for this small period). We have Advance Paroles which is valid upto 01/03/06.

My wife and kid is going to India in May 15th and returning on in Sep 15th. And i'm going on Aug 15th and returning on Sep 15th.

So, while going we have to surrender all I-94's including the latest one at airport (or) we can keep the last one (ie., the one which is valid upto 04/22/06) ?.

While entering into US, which one we have to use and which is the best to use for safer side...Advance Parole's (or) new H1 & H4's. If we use H1 & H4, will they give new I-94 by accepting the approval notices which were valid upto 04/22/06.

I hope you understand the above situation (which is okay...not critical or complicated though). We are going thru Kuwait Airways. Never travelled in that route before. And there will be lot of security things also when we use that route. That's why i need answers from you guys, just before confirming the tickets!

Thanks & Regards,
Satgym73.