traveling on AP with valid H-1 approval

Y

Yousuf

New Member
Hello

I have my I-485 pending. RFE was issued and responded. But as you know that I-485 are not being approved right now.

I have emergency AP and never used EAD. Alway maintained H-1B status. Have valid H-1B approval notice that expires in May 2003. I also have old expired H-1 visa stamp on my passport.

My question if that I I enter using AP, does my H-B gets affected in anyway? can I just keep working on H-1?

Another option is that can I use my old expired H-1 stamp and the valid H-1 approval notice to come back.

What does the I-94 say when we enter on AP?

Do I have both options or AP is the only option? I will be traveliing on 12/20 and I would appreciate your response. I

Thank You
 
U have both options. U should have hard copy of AC21 memo in case the POE inspector gives U trouble (all muslims entering us face trouble nowadays)
AP (if u did not have any unauthorised stay before) is the safest.
If U had some out of status days, it is better to get a new h1 stamp and enter using H1.
But for a m****im AP is better I guess...
 
AP, H1 and EAD

Hi, Jaxen

I got AP approved and planning visit parents end of this month. But lawyer said that I have to wait for EAD approved to go back because I have to use EAD to work after coming back using AP. Is that true.

Do I have to enter US using H1 stamp in order to work on H1? Or can I work on H1 after coming back on AP?

Thanks for the help
 
I got AP approved and planning visit parents end of this month. But lawyer said that I have to wait for EAD approved to go back because I have to use EAD to work after coming back using AP. Is that true.
--- IF you have AP you can visit parents with out EAD, EAD is not needed to Re-enter US, EAD is only for work, your lawyer is correct that once you enter on AP you need EAD for work but EAD is not needed for Coming to US, you need it for work only

Do I have to enter US using H1 stamp in order to work on H1?
--- If you have still Valid H1B Visa stamp on your passport you can enter on H1B and continue on H1b and you are also free to work on EAD after entering with H1B,
Or can I work on H1 after coming back on AP?
-- If you use AP you should use EAD but I have read some where that even if you use AP you can work on H1b if you have valid H1B, but why you should use AP if you have H1B, you should enter using H1B, If you have USED EAD only then you are required to enter on AP
 
AP and H1

AP and H1 are not mutually exclusive and more importantly,
are very different things. In other words, one can use AP and still
be in H1 status without any problem. H1 is "status", not a visa,
AP is "entry permit" while your case is pending. I know that
there is reason for confusion on this. Also, my lawyer said that
"dual status" can be maintained, and is not affected in any shape or form by whether one uses AP or not. AP is just an entry permit, nothing more and nothing less. There is no pure or philosophical logic in all this, but this is the logic that has been assigned to it, at least currently. Yet, I am not a lawyer, but this is what I am doing myself after my 35-year-immigr. practice lawyer's advice. Hope this helps clear the confusion.

Cezar
 
Again, H1, AP and EAD

By the same logic, AP and EAD are unrelated. You don't need
to have EAD and AP to be legally ok. You can have AP, while not having EAD.
Again, EAD is permission to work, not a visa. If you don't have EAD, you cannot work, but your are legally ok as far as status is concerned. So, go ahead with AP travel plans.
I don't understand why your lawyer tied EAD and AP. To me it doesn't make sense from a legal perspective, although it is always good to have both. By (inverse) analogy, you don't need AP and still can have EAD.

There is no legal connection, as far as I am concerned between EAD and AP, or with AP and H1. There is, however, a legal connection betwqeen EAD and H1. If you don't have EAD, you should not work, but you can travel on AP.
Cezar
 
Agree with kongoli. The legal tie comes from the non employment based GCs. Only H and L visa holders enjoy this dual privilege.
 
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