Travel on AP ,work on H-1

G

gc_hopefully

Registered Users (C)
Is it okay to travel on AP and after coming back from outside US and still keep working on H-1B visa as I never applied for EAD , so I don't have EAD...
Any advice would be appreciated
 
Gray area

This is a gray area that do not have a clear answer. There are various post here said that one could work on H1 after entering using AP. Practically one could do that. I truely believe INS could not refuse I-485 application because one worked on H1.

Actually several guys have entered US using AP and worked on H1.
 
Why do you need AP, if you are having validity of your H1 visa?? You can re-enter using H1 event though you have pending adjustment of status.

Am I missing something here??
 
becuase if your visa stamp on passport is expired and u have a H1 extention from INS from that date and u do't want to get it stamped from your local consulate.Then u have to use AP to enter back to US .
 
travelling with AP

This is what my attorney says. If the scenario is what ghost-rider mentioned, then you can use AP for travelling. However, you must also present your H1B approval to the immigration officer at the port-of-entry, indicating that you are allowed to work in the US. This makes perfect sense because your AP substitutes your visa to enter the country. I'd still suggest you to double-check with your attorney.

-fb-
 
AP/H1/EAD

My lawyer told me to apply for H1 visa stamp to come back US not using AP. He said I would have to use EAD to work after coming back using AP.

At the port of entry, INS officer only see AP and I-485 receipt not H1 if you enter US using AP.
 
You need to have EAD if u enter using AP or u need to have H1 stamping if you want to enter using H1. You cannot work on H1 if you entered using AP.

Here is the thing you need to be aware of. When you leave the country, you will surrender you new I-94 along with the old I-94 stamped in your passport at the airport. You need to get a new I-94 while entering the country or you can enter using AP in which case you will not be issued I-94. Without I-94 you are not supposed to be working on H1. Because on I-94 when you enter using H1, your status will be mentioned 'H1B till visa /extension date'. So you are on H1 status as long as your I-94 is mentioned with that. As you do not get I-94 when you are entering on AP, you cannot work on H1. Hope this helps.
 
no ...even if u r comming on AP ur H1 remains valid.u do get a I94 with one yr of validity. check up previous posts and osts in AP and EAD sections.
 
Travel on Ap work on H1

Hi Friends,

NEED URGENT HELP....

My 485 is under process & I gave my FP on Aug 20th. My H1 expired in Oct 02 though I have filed for H1 extension in July but renewal hasnt come till now. I came to India for marriage + official
work 3 mths back, was looking for a partner & just today found the the person i am going to marry..

I am planning to fly on Dec 31st as I need to report for work on Jan 2nd. Since there are hardly any days left for me to report for work I plan to go for a court marriage to safeguard my
spouse future GC filing (AOS), Leave wife in India, use my AP to enter US & later come back in March with renewed H1 and also wife with H4.

My only question to the people are:

Can I enter US with AP right now and later enter with extended H1 with wifes H4. Will INS allow me to enter with renewed H1 if my 485 wouldnt have been approved till that time. I have differnt
ideas on this issue. Some say one can still enter on AP and later renter on H1..Some say once you enter on AP you have to work on EAD.

PLS ADVISE.. I would really Appreciate guys..

Thanks A TON....:)

Nice_guy73 (wac 02 077-
 
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