Using AD losing H-1b status? Question to Jim and others

J

jonelee

Registered Users (C)
I am in H-1b status, my F-1 visa has been expeired. Now I filed I140/I485/AD together. I am planning to go back home for visit using AD. Since I haven't applied for EAD yet, am I going to loss my H-1 status if I use AD reentry US? What the best and safest way to do it? I was told it's risky to apply a H-1b visa in my home country.
Thank you in advance for any response.
Jonelee
 
Yes, if you use AD you will lose your H1-B status. If you want safety, if you mean reentry US, you can apply H1 visa in your home. If you get visa you can reentry with your H1 visa, if you H1 visa denied you can still reentry using your AD. Good luck.
 
How INS stop my H-1b?

Thanks for the reply. I'm still confused, does my H-1b expire when my AD got approved automatically or only when I use my AD to reentry this country? How the system works? I mean how the INS cancel my H-1b if I use AD, please advise me. Thank you.
 
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