Using AP cancels H1...?? Facts??

R

rs_mangat

Registered Users (C)
Hi all,
I understand this topic has been touched many times. I currently have both, valid EAD & H1. On payrolls I'm still using H1 & never swtiched to EAD. EAD is a kind of backup for me.
I recieved my renewed EAD card last week & still waiting for my H1 to be approved (beyond 6 years).

I am planing to travel next week. My attorney says that if I use AP on re-entering US, my H1 visa will be cancelled. She told me to wait till my H1 is approved & then travel. Otherwise I'll be forced to switch over to EAD, if I use AP.
But i read on this forum that using AP DOESN'T cancel your H1. Is it true? If yes, do you have any legal 'link' or website which describes that.PLEASE let me know. I've to make travel arrangement soon.

Thanks in advance...
 
I don't have a credible link right now but my understanding is that at the time of entering the country, if you have a VALID H1, you can use AP and still continue using your H1. Of course, if you don't have a valid H1, you are automatically on EAD if you start working.

There is a memo about this somewhere.
 
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