Status after returning using AP

I

Intezar2005

Registered Users (C)
I am on H1 B unstamped visa valid till 2010 and my wife is also on H1B unstamped visa valid till 2010 through different employer.

I am primary applicant of I-485. Both of us have EAD valid till 10/16/2008 and AP valid till Jan-2009
We are planning to travel to India in august. We want to return using AP and do not want to go for restamping of our H1B's. When we return can she continue to work on H1B or she has to use EAD? Please advise
 
Once either (or both) of you use AP to enter the US, either (or both) of you will automatically be on Adjustment Of Status and will lose the H1B status.
If you want to retain H1B status, you will need to get it stamped and enter the country on H1B. It's your manner of entry that will determine your status in this country.
 
nj_skm said:
Once either (or both) of you use AP to enter the US, either (or both) of you will automatically be on Adjustment Of Status and will lose the H1B status.
If you want to retain H1B status, you will need to get it stamped and enter the country on H1B. It's your manner of entry that will determine your status in this country.
Click to expand...

Yes, but she can continue to work using the unexpired H1B petition.
 
Thanks for the reply. This means if we are not able to renew EAD in time we are still authorized to work for respective employers because of our H1B petition.
 
Hello all,
The RealCanadian,
So if you are still in 6 years of your h1 b status and you enter with AP then can you apply for the 7th year extension and so on ? o

Thanks
 
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