Travelling with AP & EAD

[Johnie_Walker]

Background
I am in H1 and my wife is in H4. We got out AP and EAD in November 2005. My wife started working using EAD from November 2005. I am still in my H1 with the same company. We are planning to visit India next month.

a) Can we use AP to travel to India and come back.
b) What will happen to my H1 status once i come back to US using AP.

Will there be an issue?

 

[max2k1]

Background
I am in H1 and my wife is in H4. We got out AP and EAD in November 2005. My wife started working using EAD from November 2005. I am still in my H1 with the same company. We are planning to visit India next month.

a) Can we use AP to travel to India and come back.
b) What will happen to my H1 status once i come back to US using AP.

Will there be an issue?

H1 is not affected if you use AP for re-entry - you continue to be on H1 status as usual.

Check the Cronin Memo for details.

 

[homer simpson]

You can use H1B and your wife AP.

H1 B visa holders do not need AP to travel unless your H1B is expiring. If you leave the counrty on h1B make sure you come back before the visa expires.

 

[Johnie_Walker]

Thanks for your valuable feedback. My H1 is expired long back and i got my extension approved. If i use H1 to travel and come back to US, then i have to get the passport stamped. Correct me if i am wrong?

Can I return to US by showing the Approval notice at POE.

You can use H1B and your wife AP.

H1 B visa holders do not need AP to travel unless your H1B is expiring. If you leave the counrty on h1B make sure you come back before the visa expires.

 

[hopeofgc]

Thanks for your valuable feedback. My H1 is expired long back and i got my extension approved. If i use H1 to travel and come back to US, then i have to get the passport stamped. Correct me if i am wrong?

Can I return to US by showing the Approval notice at POE.

If you want to come back US on H1B, then you have to get it your H1 stamped. You can not use your H1 approval notice for entering US.

 

[venkat_vrc]

Hi ,
I have question. For my friend, he is currently having H1B from company A, he has got stamping in passport with H1B from company A. He is planning to join company B using EAD. When he travels to india, can he use his H1B from company A? Or should he use only new AP? Does the H1B becomes invalid automatically when you switch to EAD?

Please post reply.

Thanks
Venkat

 

[max2k1]

Thanks for your valuable feedback. My H1 is expired long back and i got my extension approved. If i use H1 to travel and come back to US, then i have to get the passport stamped. Correct me if i am wrong?

Can I return to US by showing the Approval notice at POE.

Did you read the link that I posted before ?
You don't need to stamp your H1 - you can enter using AP

 

[max2k1]

Hi ,
I have question. For my friend, he is currently having H1B from company A, he has got stamping in passport with H1B from company A. He is planning to join company B using EAD. When he travels to india, can he use his H1B from company A? Or should he use only new AP? Does the H1B becomes invalid automatically when you switch to EAD?

Please post reply.

Thanks
Venkat

No - he CANNOT use H1 to re-enter.

H visa becomes invalid the minute he chose to use his EAD for employment. (It would not become invalid just by acquiring an EAD - using an EAD for employment is what makes the H visa invalid).

He needs to have a valid AP to re-enter.

 

[venkat_vrc]

Thanks to all for your valuable suggestions.

 

[GCDE02]

Hi Gurus,

I'm planning a trip home this July to get married. I'm currently on H1 status, but no stamping on the passport. My H1 is valid until Jan 07. I have applied for Adjustment of status. I also have my EAD and AP. My questions are;

i) Can my spouse get her H4 stamping?

ii) If i enter on AP and my spouse on H4 (assuming (i) is yes), will it be a problem at the point of entry?

iii) Can i still retain my H1 status?

I would really appreciate your expertise on this matter as early as possible. Thanks Much!