Used AP to re-entry, do I need EAD now

[leohawk]

Dear All: I need suggestion on my current situation...

I used AP to re-enter USA recently, however, I may get a new position at a different employer, do I need EAD to work now? my H1B status can't be transferred upon using AP, right?

If I do need EAD, do I have to wait EAD approval to start work? or I can start work in the new company upon EAD receipt -- if I let the company lawyer to handle it...

thanks

 

[HaraKad]

Dear All: I need suggestion on my current situation...

I used AP to re-enter USA recently, however, I may get a new position at a different employer, do I need EAD to work now? my H1B status can't be transferred upon using AP, right?

If I do need EAD, do I have to wait EAD approval to start work? or I can start work in the new company upon EAD receipt -- if I let the company lawyer to handle it...

thanks

AP is a mere travel document while an EAD is a work permit. In order to work you need either a valid VISA or an EAD.

You have to get the EAD to start working. Most companies expect you to provide a copy of the EAD so approval notice wont help.

 

[gb04]

Its my understanding that if you have a valid H1B at the time entering on AP:

1) There is no need to apply for EAD and can continue working with the valid H1B
2) You can just do an H1 transfer later on.

I will suggest you consult with a lawyer regarding this as its such an important issue about maintaining status. I am very sure about my answer 1) but my answer 2) is based on a logical deduction from answer 1)...so take it with a pinch of salt.