Travel on AP while H1 is pending

[mappani]

I have done concurrent filing for I140/I485 and received EAD. I am expecting AP shortly. Since I want to remain in H1 status, I have applied for H1 extension recently. Can I now travel abroad on AP while my H1 is pending? If I come back to US on AP can I remain in H1 status or do I have to use EAD to work upon my return?

Thanks.

 

[ginnu]

If you receive AP approved BEFORE departure then you can use AP and keep I-485 filing reciept and AP with you
and use of AP does not invalidate your H1 status if you continue working on H1 status with same employer who filed your latest H1.
Read below:
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm

http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
**** If your H1 extension is approved while you are out of US then get the H1 extension approval mailed to you and you can get H1 stamp from consulate or if you still have H1 visa stamped then you enter with H1visa stamp and show your new H1extension and passport Visa stamp you will get I-94 valid till your H1 extension approval from POE
** if you enter on AP and you get H1extension approval when you are back in US and you get I-94 attached with h1 extension then that I-94 will rule as it will be LAST ACTION

 

[mappani]

Thanks ginnu