Travel on AP - No Visa Stamp - No EAD

S

srs_568

Registered Users (C)
All,

I need your guidance, I have approved AP and my EAD is approved, but I missed in post. (So I don't have in my hand).

I have H1 b extension and visa is not stamp on passport. While returning, if immigrant office asked, what is work status? What should I say, EAD or H1B?

If I say, H1b, I don't have Visa stamp in passport, if I say, EAD, I don't card in my hand?

Please advice.

Thanks
SRS
 
I-485 Receipt notice and AP should be enough. You can still maintain H-1B, as long as your H-1B extension was applied (and approved) on time.
 
Per my understanding, he already has AP as well as H1B extension approval. If he returns using AP, will he still be required to apply for another exrension? What if he travels 2-3 times in the year? He will be applying as many times for extensions as the number of travels? Hard to buy....
 
Reinstatement of H-1B Status for Returning H-1B 485 Applicant

10/24/2007: Reinstatement of H-1B Status for Returning H-1B 485 Applicants from Overseas Trip in Advance Parole

* There are and will be some H-1B professionals who have to travel on Advance Parole rather than on a H-1B status because of their special circumstances. This includes unmarried professionals who need to maintain a H-1B status so that they can bring their future spouses to the U.S. on H-4 status and apply for the green card process. Under the current USCIS policy and laws, these professionals have two options to reinstate their H-1B status. One is to leave and return to the U.S. using a valid H-1B visa in the passport. This option is available only when they have a valid visa in the passport to return. Second option is to file I-129 H-1B extension petition. The second option does not require the professional to leave the country to reinstate the H-1B status. They can just reinstate their H-1B status within the country. When they take the second option, they should make it sure that they file the H-1B extension petition while their current approved H-1B remains "valid." Accordingly, when they apply for the H-1B extension, they should submit a copy of parolee I-94 together with the valid approved H-1B approval notice.
 
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