Urgent: Shall I submit I-94 leaving US (has H1b and AP)

M

Mingjing

Registered Users (C)
I entered US Dec. 2002 with H1b (hence a I94 stapled to my passport). Got AP approved Jan. 2004, and H1b extension approved Feb. 2004 (hence another I94 card as part of H1b extension approval notice). I am to travel outside US tomorrow. Shall I submit I94 to airline agent when departing? If so, which of the two shall I submit? Thanks!
 
You need to submit both the I-94's. Shows you have been legally residing in the US from the time you entered the US. Just staple both the I-94's together.
 
Be cautious about your travel!

Mingjing said:
I entered US Dec. 2002 with H1b (hence a I94 stapled to my passport). Got AP approved Jan. 2004, and H1b extension approved Feb. 2004 (hence another I94 card as part of H1b extension approval notice). I am to travel outside US tomorrow. Shall I submit I94 to airline agent when departing? If so, which of the two shall I submit? Thanks!
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If you travel with AP, then you will automatically give up your HIB. Is this what you want? If you still want to keep your H1B, then you can't travel with AP.

Be careful about this. It is very important. My lawyer has warned me of this.
 
Need Clarification on Xie's Comment

My lawyer told me exact the opposite - using AP to get in US does not automatically cancel my H1b work authorization (I could choose between continuing with remaining H1b or using approved EAD). And I remember I did read some government immigration documents that are consistent with my lawyer's advice. I knew a few friends who used AP but continue to work on H1b (well, they could have broken the law without knowing...)

Anybody else can shed some lights on Xie's comment?
Thanks!
 
MingJing,
Your lawyer is correct. You will not give up your H1-B status just because you used AP. H1-B is dual intent and hence OK to use AP to enter the country.
HTH
 
Mingjing
But why do you want to Use AP when you have a valid H1B Visa stamp in your passport.
As far as my understanding goes, you can re-enter USA with H1B when you have no intention of using EAD.

Also, Please share your experiences
Thx
 
Mingjing said:
My lawyer told me exact the opposite - using AP to get in US does not automatically cancel my H1b work authorization (I could choose between continuing with remaining H1b or using approved EAD).
---your lawyer is correct

And I remember I did read some government immigration documents that are consistent with my lawyer's advice.
here are the MEMO:
H1, AP

http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
I knew a few friends who used AP but continue to work on H1b (well, they could have broken the law without knowing...)

Anybody else can shed some lights on Xie's comment?
Thanks!
Click to expand...
 
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