SM, PCee, Vipsha, Gurus - please help ... question about AP, EAD and H1-B

J

JAurora

Registered Users (C)
Gurus,

I'm planning a trip back home, but I'm always confused about whether I can continue to use H1-B after entering using AP.

I'm of valid H1-B status, but I don't have valid H1-B entry visa stamp on my passport. I also got EAD card which will be valid till May, 2004.

In this case, if I go back home, and I don't apply for a new H1-B entry visa, I can come back and re-enter US using my AP. After this, can I still use my H1-B if it's still valid and I still work for the same employer, or I must start using my EAD card?

Thanks a lot in advance,
JAurora
WAC-02-073

Sigh..., I've been postponing my trip back home and hope I can get GC sometime soon since last year... :(
 
No problem in entering on AP and continuing work on H1.

Check past messages for documents required and more details with regards to your case.
 
When you go to India (or wherever), take the notice of action with you. Try getting your passport stamped from the consulate there.

Most probably you should be able to get it stamped.

Once you do that, come back, with valid AP, valid stamp .. or atleast valid h1 notice of action document.

Present the h1 stuff first, and keep quiet about AP unless they ask for it. 99% of the times, the dude will let you in. If they do ask for it, .. I'm not sure of this .. but entering on AP might invalidate your H1. .. but you will still be able to enter (on ap).

The oh-sunglasses-one above would know more about .. if AP invalidates ur h1.
 
I used AP to enter last winter and from what my lawyer said and from what I understand - using AP does not mean you are on EAD. Working on EAD invalidates H1B, but not using AP.
 
According to my lawyer there is INS memo that clearly states that entering on AP does not invalidate your H-1 as long as you keep working for the same employer. I am also going home and don't want to go through the hassle of H-1 stamp.
Hope the attorney is right this time:)
 
Mango pickle and 140_takes_4ever are right. That's exactly what I did - my H1 was valid but the visa stamp was in my old passport. I enterd on AP (because I'd hate to have to stand in front of US Embassy at 4 AM while on vacation) and I'm still working on H1.
 
Aroraji,

My question is why do you want to use AP when you have H1 approval with you and you are going to India, you can get your PP stamped over there in India. Yeah in case you couldn't do PP stamping then in that case you can come on AP and keep working on H1, as most of the guys said.

In most of the places you have TT service in India so I would say first choice should be VISA stamp on your PP but its up to you.

Good luck, and have a nice trip.
 
Thanks a lot for all the information

Thank you all so much for all the information.

I'm much reliefed now. Finally I can go back home this year :)

Hopefully the dude won't bother to check my H1-B stamp, but I'll still try to get a PP stamp as Vipsha suggested.

Thanks a lot again,
JAurora
 
Should I surrender the H-1b I-94 card?

I am in similar situation.

I want to travel using AP abroad. I have a valid H-1b now. My passport has my F-1 I-94 form (showing D/S or duration of status). There is a H-1b I-94 form that came with H-1b approval notice.

When I leave the US, should I surrender the H-1b I-94 card to the airlines? Or just give them the F-1 I-94 card? I want to continue to work under H-1b after I come back.
 
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