travelling on ap need advise

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krisnkris

Registered Users (C)
hi recently i got ead/ap. still 'am on h1 visa.i never used my ead.
now 'am planning to go india. i don't have visa extention stamping on my passprot.(i got visa for till april2005,but i don'thave visa stamping on my passport)

1)can i use my AP to come back to US ,
2)without using ead if i use my AP weather my status will change (from h1 to ead).
3)my wife is on H4. it will effect in any way if she used her AP


please if any body having experice please help me.
thanks
kris
 
Based on my knowledge:

1)can i use my AP to come back to US ,
If u don't have a H1 stamping, you can enter ONLY through AP.

2)without using ead if i use my AP weather my status will change (from h1 to ead).
No.I think you can maintain two statuses-H1 and EAD,provided u did not use your EAD to work.

3)my wife is on H4. it will effect in any way if she used her AP
don't know..
 
Last edited by a moderator:
krisnkris said:
hi recently i got ead/ap. still 'am on h1 visa.i never used my ead.
now 'am planning to go india. i don't have visa extention stamping on my passprot.(i got visa for till april2005,but i don'thave visa stamping on my passport)

1)can i use my AP to come back to US ,
2)without using ead if i use my AP weather my status will change (from h1 to ead).
3)my wife is on H4. it will effect in any way if she used her AP


please if any body having experice please help me.
thanks
kris
Click to expand...

1. Yes. You can use your AP to re-enter. You will then be in parole status.
2. If you haven't used your EAD and remain with your original employer, then you are still authorized to work. You will officially be in parole status, but you would still have employment authorization based on your original H1 petition. You would return to H1 status if you successfully apply for an H1 extension, or re-enter the US with a re-validated H1 stamp. AT that point your parole status would cease and you would be officially present and working on H1.
3. The situation for your wife depends on whether she has worked using and EAD. If your wife has an EAD and used it for employment, then her H4 is no longer valid. She would then have to re-enter using AP, and can't re-establish H status.
 
If you use AP to enter the US, then your H1 will become invalid. You can then work with your EAD only. You and your wife both will be in parole status. You cannot use your H visas.

On the other hand you can stamp your H1 in a nearby Consulate, wherever you are going and maintain the status.

Good luck
-mdu123
 
mdu123 said:
If you use AP to enter the US, then your H1 will become invalid. You can then work with your EAD only. You and your wife both will be in parole status. You cannot use your H visas.

On the other hand you can stamp your H1 in a nearby Consulate, wherever you are going and maintain the status.

Good luck
-mdu123
Click to expand...

This advice is not correct! Entry on AP does not make the H1 "invalid". The person, after entering on AP will be in parole status. However, a previously established H-1 employment authorization is still valid (if the person continues in the same job with the same employer, and does not use an
EAD). H-1 status can be re-established by application for extension of the original H-1, or by re-entry using a revalidated visa stamp based on the previously approved H-1. On apporval of H-1 extension or entry to the
US using the H-1 stamp, the parole status will cease.

Two INS memos from 2000 (March and May) deal with this issue in detail. Here is one place you can read the May 2000 memo:
http://www.shusterman.com/cronin51600.html
 
bslater is absolutely right !
So, you would be in parolee status, but your H1 visa would still be VALID.
Then,if you want to renew your H1, your parolee status would go and you would get H1 status.right ?



bslater said:
This advice is not correct! Entry on AP does not make the H1 "invalid". The person, after entering on AP will be in parole status. However, a previously established H-1 employment authorization is still valid (if the person continues in the same job with the same employer, and does not use an
EAD). H-1 status can be re-established by application for extension of the original H-1, or by re-entry using a revalidated visa stamp based on the previously approved H-1. On apporval of H-1 extension or entry to the
US using the H-1 stamp, the parole status will cease.

Two INS memos from 2000 (March and May) deal with this issue in detail. Here is one place you can read the May 2000 memo:
http://www.shusterman.com/cronin51600.html
Click to expand...
 
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