Urgent Help......I-485 pending, H1 valid with no I-94 and got AP approved

M

mohit_chopra1

Registered Users (C)
Hi everyone!
Here is my situation:
-I applied for green card based on marriage to US citizen (Was here on H1 visa)
-Got I-130 approved
-I-485 pending name check
-Applied for AP (got approved)

Now my questions is that my H1 visa is valid till October 2008. The reason I applied for AP was that my I-94 was removed by to IO during the immigration interview. So basically I had the visa but not the I-94. Please advise me on following questions:
1. Do I need to use AP to enter back to US (With valid H1B without I-94)
2. If I enter US using the AP will I be able to work for same employer that I am working for already or will I have to apply for EAD? I just hope that I can still work for the same employer after entering on AP.

Thanks in advance for your advise and time.

Regards,
Mohit
 
mohit_chopra1 said:
The reason I applied for AP was that my I-94 was removed by to IO during the immigration interview. So basically I had the visa but not the I-94.
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You don't need AP in such a situation.

Do I need to use AP to enter back to US (With valid H1B without I-94)
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No. Your H-1 should do.

If I enter US using the AP will I be able to work for same employer that I am working for already or will I have to apply for EAD? I just hope that I can still work for the same employer after entering on AP.
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Yes, you can. But I'd still use the H-1 to enter, and have AP only as a fallback.
 
Thanks for your reply. What does happen to old I-94 usually? Will they have any record of me leaving the country?
 
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Well you don't need an I-94 to travel or reenter the country - USCIS already took it, so obviously you won't be handing it in when you leave the US.

In you situation, I would stay on the H1 as long as possible, and only use the AP if absolutely necessary. Once you use AP, your H1 becomes invalid, so I suppose technically you'd need to get an EAD as well.
 
Still not sure. I thought when one entered US on H1-B, one was issued a I-94. Did USCIS take your old I-94? Don't u have to turn in ur I-94 when you leave the country? Does IO typically take old I-94? Mine was not taken. I still have my old I-94.

If entering back again on H1-B visa, ensure that you have valid visa stamp to re-enter the country.
 
TheRealCanadian said:
This is completely incorrect.
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Really? Maybe you could back up that statement with a few references.

My understanding is that an existing H1 remains valid while an I-485 is being processed, but if you use some benefit of the aforementioned I-485 such as AP or EAD, you are effectively giving up your H1. Of course, its possible my lawyer could have been BS'ing me way back when I was in that situation...
 
boatbod said:
Really? Maybe you could back up that statement with a few references.
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Google "Cronin Memorandum". There's only been a couple of hundred references to it on the forums here. ;)

if you use some benefit of the aforementioned I-485 such as AP or EAD, you are effectively giving up your H1.
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That's partially correct; if you do something that your H-1 does not allow (like working for a different employer) then yes, the H-1 is toast. If you merely use AP to enter and continue working for the H-1 employer, then you're fine.

Like I said, google for the memorandum.
 
mohit_chopra1 said:
Hi everyone!
....
Now my questions is that my H1 visa is valid till October 2008. ...............
Regards,
Mohit
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When you refer to your H! visa, I am assuming that you are referring to the visa stamped in your passport. Normall, the I-94 is taken at the US airport when you depart. On enetering, the IO would examing the H! visa in your passport. It is a good idea to carry the current H1_B notice also as this may be from a different employer (in some cases)
 
Thanks everyone especially realcanadian for your help. I will try to enter back on H1 and will make sure to carry my I797 (H1 approval notice) and also AP (as a backup).
 
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