Status Question EAD/H1.

[gcva]

Gurus,
I do have valid H1 till April Next Year without Stamping in Passport.My 485 is pending and have valid AP/EAD. I have travel plans and planning to return back using AP. Can I continue using existing approved H1? Or should I use EAD? Please advise.

Thanks in advance.
GCVA

 

[617D]

Too vague

Can I continue using existing approved H1? Or should I use EAD? Please advise.

Use H1/EAD for what? New employment? current employment? Using AP does not affect you H1 status in any way. Is that what you wanted to know?

 

[gcva]

Can I continue using existing approved H1? Or should I use EAD? Please advise.

Use H1/EAD for what? New employment? current employment? Using AP does not affect you H1 status in any way. Is that what you wanted to know?

617D,
Thanks for your reply..This is my situation..No change in employment and I am with this company since last 4 years on H1.The latest H1 will expire in April 2006 and since this extension was approved late last year, I couldn't have a chance to get my passport stamped. Since my 485 is pending, I have a valid EAD and AP. I have a scheduled trip to India in October this year, but all the appointments at the Chennai Consulate are booked till January 2006.Hence I am planning to use AP to reenter.

My Attorney suggests, if I use AP to reenter, my current H1 status will be invalid and they can't file H1 7 th year extension and I have to use EAD.

This is what is little confusing and I posted the question on which my travel will depend.


Thanks
gcva

 

[617D]

I disagreed with your attorney.

That's first time I heard such statement. If keeping dual status is not allowed, your H1 would not be valid when the EAD/AP were approved. Why wait till you use AP?

It totally contradicts the theory of heaving EAD/H1. Did I miss something? Can some one clear this?