Status after using AP.

G

gc369

Registered Users (C)
I'm planning on a trip to India. I've filed I-140/I-485 concurrently(March,04) and I've valid EAD/AP (valid till July, 2005) documents. My H1-B visa stamp has already expired on my passport, but I have valid H1-B approval notice, which is valid till sep, 2005.

My layer says that my manner of entry controls my status in US. If I enter US using AP ( my passport will not have a valid visa stamp since I'm not going to revalidate my visa at US consulates in India), then that invalidates my H1 status, so I have to use EAD for my work. Is it true ?

My layer warns me using EAD as it might cause trouble to my status if my I-140/I-485 petitions get jeopardised for some reason. She advices me to postpone my trip until I get my I-140 approved, but I'm not sure when I'm going to get it.
 
gc369 said:
I'm planning on a trip to India. I've filed I-140/I-485 concurrently(March,04) and I've valid EAD/AP (valid till July, 2005) documents. My H1-B visa stamp has already expired on my passport, but I have valid H1-B approval notice, which is valid till sep, 2005.

My layer says that my manner of entry controls my status in US. If I enter US using AP ( my passport will not have a valid visa stamp since I'm not going to revalidate my visa at US consulates in India), then that invalidates my H1 status, so I have to use EAD for my work. Is it true ?

My layer warns me using EAD as it might cause trouble to my status if my I-140/I-485 petitions get jeopardised for some reason. She advices me to postpone my trip until I get my I-140 approved, but I'm not sure when I'm going to get it.
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Your lawyer is giving you mis-leading and incorrect information.
Please have her look at the Cronin Memo

Using AP does NOT impact your H1 status in any way. You do NOT have to start using EAD for work - you can continue on H1 with the same employer even after using AP to re-enter.
 
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