Urgent help with H1b and AP HELP WANTED

[questhlp]

I have valid EAD, AP until 2005 with Approved I 140 and with I 484 Receipt number.
Recently I got my H1b extension valid until 2006. My visa on the PP expired in April 2004.

Questions
+++++++++
Once I have my AP, I am not sure if we require H1B extension? Do we and if so why?

Do I still need a valid visa stamped in my PP to leave and come back to USA.

If I get my H1B visa stamped in my PP, will my GC process be denied ( will they cancel my AP and 485 ).

If I use my AP without going for stamping, then will I be treated as H1B visa holder.

I am confused with this H1B visa and the 485, AP. I read on one thread that if we enter into USA with AP then we will not be eligible to use the H1B visa and vice versa.

Please help , I made arrangments to visit India, I am not sure what to do.

Thanks everyone for taking time to go through my issue.

 

[mehul_sejal]

I have exact same situation.
Visa will exipre next month.
EAD and AP are valid till May 2005.
Got 140 approval this month.
485-is pending and I guess it takes very long (VSC).
Have got H1/H4 extentions valid till May 2006.

My lawyer told me that once you use AP, you are no more on H1/H4 status.
One can get new VISA for the H1/H4-extention, but he suggested to use AP.

Anyone else having inputs? Is it better to maintain H-status and go for VISA or just use AP as 140 is approved?

I have similar other question, if someone can answer that:
If my wife (on H4) starts using EAD, will that invalidate H4 status?

 

[stonewall]

I have valid EAD, AP until 2005 with Approved I 140 and with I 484 Receipt number.
Recently I got my H1b extension valid until 2006. My visa on the PP expired in April 2004.

Questions
+++++++++
Once I have my AP, I am not sure if we require H1B extension? Do we and if so why?
H1B is a good backup in case your I-1140 does not get approved.
Do I still need a valid visa stamped in my PP to leave and come back to USA.
YES IF YOU USE H1B
If I get my H1B visa stamped in my PP, will my GC process be denied ( will they cancel my AP and 485 ).
NO!
If I use my AP without going for stamping, then will I be treated as H1B visa holder.
YES (If you do not change the employer - as my lawyer told me, it gets complicated if you do)
I am confused with this H1B visa and the 485, AP. I read on one thread that if we enter into USA with AP then we will not be eligible to use the H1B visa and vice versa.
ONLY USING EAD PUTS YOU OUT OF H1 STATUS (see above for AP)

Please help , I made arrangments to visit India, I am not sure what to do.

Thanks everyone for taking time to go through my issue.

 

[stonewall]

I have exact same situation.
Visa will exipre next month.
EAD and AP are valid till May 2005.
Got 140 approval this month.
485-is pending and I guess it takes very long (VSC).
Have got H1/H4 extentions valid till May 2006.

My lawyer told me that once you use AP, you are no more on H1/H4 status.
One can get new VISA for the H1/H4-extention, but he suggested to use AP.

Anyone else having inputs? Is it better to maintain H-status and go for VISA or just use AP as 140 is approved?

I have similar other question, if someone can answer that:
If my wife (on H4) starts using EAD, will that invalidate H4 status?

Did you apply I-485 for your wife too? I guess you did. You can keep your H1B and H4 status as long as you or your wife do not USE EAD - with AP you are fine. But, you do not need to have H1B/H4 backup anymore since you have 1-140 approved (so your I-485 is very likely to be approved too), and if you and your wife have I-485 pending (your wife as your dependent) you both can use EAD. Using AP does not endanger any of you eiter. Still - I am not a lawyer, so please check further.