Using AP but not EAD - Possibilities?

D

dilbert30

Registered Users (C)
Hi guys,

A couple of my friends are in a similar situation. One of them has I 140 approved (a couple of months ago and FP done) and the other has I 140 pending. However both of them have got their AP and EAD although neither wants to switch to EAD since they have H1-Bs for 2-3 years more. The qn i have is - Can someone use only AP and do the traveling but not go for EAD or should both EAD and AP be used together. Both my friends have got the H1-B renewals recently (therby extending their visa for 2-3 years) and so, technically if they leave US, they need to get the H1-B stamped. One of them was told by his lawyer that its a murky area and best is to switch to EAD if he was going to use AP and the other was told - its ok to travel on AP (he is planning a vacation to Europe) and not switch to EAD or bother to get H1-B visa stamping since AP is independent of the visa.

Can anyone shed any light on this? Although I am not in a similar situation, I want to gain some understanding. Any help would be appreciated.

Thanks,
Dilbert
 
Thanks for the informative link. But the qn still remains whether at the immigration line, the person would be asked for a new H1-visa stamp is he/she has used AP for travel, not changed to EAd anfd has a H1 ext that needs to be stamped in the PP. I am not sure that case has been eplained. Can you please clarify?

Thanks,
Dilbert

usnycus said:
Check following link:

http://boards.immigrationportal.com/showthread.php?s=&threadid=119229
Click to expand...
 
I think all the possible scenario are discussed there. Anyway, let me reply your question again:

-------------------------------------------------------------------------
Q: Can someone use only AP and do the traveling but not go for EAD?
A: Yes

Q: Whether at the immigration line, the person would be asked for a new H1-visa stamp is he/she has used AP for travel, not changed to EAd anfd has a H1 ext that needs to be stamped in the PP. I am not sure that case has been eplained. Can you please clarify?
A: Question is not clear. I will respond based on whatever I understood. One needs to have valid H1 visa (not proof of extension) or AP to enter at POE. And even if you enter on AP, you can continue working for H1 sponsering employer without changing status from H1 to EAD.
-------------------------------------------------------------------------
 
Ok, I will try my question once again.

My friend has H1 stamp that has expired and he has got the approval notice for extension. If there was no AP or EAD, and he traveled outside the US, he would have to get his H1-B stamped. Now, he is planning to use AP for travel and not switching to EAD for employment. so, when he comes back, will the immigration officer ask him for H1-B visa stamp or not since the stamp on his PP has expired?? My friend's lawyer says they wont ask for H1-B stamping since he is using Ap for travel although he is using H1-B for employment.

Thanks,
dilbert


usnycus said:
I think all the possible scenario are discussed there. Anyway, let me reply your question again:

-------------------------------------------------------------------------
Q: Can someone use only AP and do the traveling but not go for EAD?
A: Yes

Q: Whether at the immigration line, the person would be asked for a new H1-visa stamp is he/she has used AP for travel, not changed to EAd anfd has a H1 ext that needs to be stamped in the PP. I am not sure that case has been eplained. Can you please clarify?
A: Question is not clear. I will respond based on whatever I understood. One needs to have valid H1 visa (not proof of extension) or AP to enter at POE. And even if you enter on AP, you can continue working for H1 sponsering employer without changing status from H1 to EAD.
-------------------------------------------------------------------------
Click to expand...
 
If your friend is planning to enter using AP, officer is not going to ask him for H1.

In given scenario, it’s good idea to carry receipt for pending I-485 and current employment letter from sponsoring employer.


dilbert30 said:
Ok, I will try my question once again.

My friend has H1 stamp that has expired and he has got the approval notice for extension. If there was no AP or EAD, and he traveled outside the US, he would have to get his H1-B stamped. Now, he is planning to use AP for travel and not switching to EAD for employment. so, when he comes back, will the immigration officer ask him for H1-B visa stamp or not since the stamp on his PP has expired?? My friend's lawyer says they wont ask for H1-B stamping since he is using Ap for travel although he is using H1-B for employment.

Thanks,
dilbert
Click to expand...
 
Last edited by a moderator:
As far as I know, once you use AP, you have to use EAD. H-1B is a duel intent visa until you maintain it. It can not be that H-1 visa stamp is not valid so you use AP and H-1b approval is valid so you use that for employment. I had to cancel the ticket to go to India last year just because of this problem (I had AP, no EAD, I had H-1B approval already), and this is the information that I got from INS when I standed in the line for 4 hours and finally went to the counter.
 
For pibo

well the latest memo clears up the situation u mentioned and allows you to use AP for travel even when maintaining H1. EAd is not required to be used.

Check the links usnycus provided, there are links to all the websites, discussions and the USCIS memo.

As for the info from the INs officers, they are not lawyers and not well versed with the current law at all times. and ahve been often known to give incorrect advice.

eg, recently another member was told the he did not have to file for extension of H1 though this latest I-94 was due to expire in Nov 04. They said since he had approval till 2007 he was fine.

Ny law the date on I-94 governs the leagal status not the approval.

else wouldnt the visitors with 10 yr multiple can stay here for 10 yrs ??
 
pibo said:
As far as I know, once you use AP, you have to use EAD. .
Click to expand...

There is no relation between AP and EAD. AP is nothing but a re-entry permit that enables you re-enter country and retain (or regain) "previous" status. AP does not dictate which status you will be after entering the country. It basically let you pass thru the POE officer's desk, nothing more.
 
Last edited by a moderator:
You must log in or register to reply here.
Top