Travelling to India. Should I get AP or travel on H1B ?

[NNF]

Facts

- I have H1B from Company A valid till Sep 2004.

- My GC was applied through Company B who was my originaly employer. 485 along with EAD application was filed in Sep 2003. 140 is already approved.

- I plan to take up a parttime job based on the EAD.

Situation:

- I need to travel to India in Jul/Aug 2004.
- I will be coming back in mid August 2004.

Questions:

A) Do I need AP or can I travel on my H1B. The lawyer suggests this option saying that since my H1B is valid, I do not need an AP.

B) Would it make any difference if I didnt take up a job using my EAD or just the fact of having received the EAD makes my H1B invalid?

C) I have not yet received my EAD or FP notice. How long before I get my EAD, also, when approximately would I get the FP notice?

D) Lastly, , I was reading on some thread that cases are being transferred to local offices. What does that mean?

Thanks.
Ramesh.

 

[Jack1]

Ans:-

A. One does not need an AP if he/she has valid H1. In your case however dates are very close. You want to return around Aug 2004 and your H1 is valid till Sept 2004. You might face some issues if you are trying to enter US thru H1.

I will advise you to go for an AP.

B. Your H1B is not invalidated by merely getting an EAD.

C. Refer to your receipt notice to have an idea about timings.

D. Let somebody else answer this.

Have some patience...you just started...Welcome to the gang!

 

[ginnu]

- I have H1B from Company A valid till Sep 2004.

- My GC was applied through Company B who was my originaly employer. 485 along with EAD application was filed in Sep 2003. 140 is already approved.

- I plan to take up a parttime job based on the EAD.
----------------- If you use EAD then you are NOT on H1 status and will need AP to renter US after trip
Situation:

- I need to travel to India in Jul/Aug 2004.
- I will be coming back in mid August 2004.

Questions:

A) Do I need AP or can I travel on my H1B. The lawyer suggests this option saying that since my H1B is valid, I do not need an AP.
------------- your lawyer is correct, you can enter with valid H1 visa, nothing wrong in keeping valid AP with you if your stay gets extended in India, one should keep valid AP as back up, if you send your AP application now you will get AP approved in 50-80 days. Then it is up to you to use it or not use it. You can apply AP directly no need of lawyer or employer involvement just fill up form I-131 attach copy of your I-485 filing receipt 2 photographs and USCIS fee $110
B) Would it make any difference if I didn’t take up a job using my EAD or just the fact of having received the EAD makes my H1B invalid?
-------------- Having EAD or AP does not invalidate your H1. Using AP also does not invalidate your H1 status if you use AP for reentry, you can be on H1 if you continue working with the same employer who filed your latest H1. If you use EAD then you are not on H1 status
C) I have not yet received my EAD or FP notice. How long before I get my EAD, also, when approximately would I get the FP notice?
------ You may get EAD in 90 days from the date of your EAD filing RD or after 90 days you can get iEAD from Local BCIS office
D) Lastly, , I was reading on some thread that cases are being transferred to local offices. What does that mean?

---------- The BCIS may transfer your I-485 file to Local office for I-485 approval, it simply means that Local BCIS office will conduct interview before I-485 approval. Only 5% of the employment cases are transferred to Local BCIS office. Some time the local BCIS office has less work and service center transfer the file to Local office to give them some work. Nothing to worry about this.