urgent: AP and EAD

bighead126

Registered Users (C)
Hello,

I have got AP for my travel. I am in H-1 right now and it won't expire until late next year.

I understand that when I come back to US, I only need AP, passport, I-485 receipt, etc, but not EAD.

My question is: after using AP, do I need to switch to EAD to work legally? Can I stay on H-1?

Many thanks.
 
U can continue to be on H1, after using AP to enter US.

Mainitaning H1 is good - just as back-up - in case something goes wrong with the green card process.
 
Originally posted by bighead126
Hello,

I have got AP for my travel. I am in H-1 right now and it won't expire until late next year.

I understand that when I come back to US, I only need AP, passport, I-485 receipt, etc, but not EAD.

My question is: after using AP, do I need to switch to EAD to work legally? Can I stay on H-1?

Many thanks.

U dont need AP to re-enter US, u should preferably re-enter based on your H1 which would still be vaild. U have better rights as an H1 (legal) entrant to US rather than AP (parolee).

If u use EAD for work, u have to re-enter on AP. But the reverse is not true - u can work on H1 (new or current) even if you entered on AP

-ab
 
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