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...
 
rs_mangat said:
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...
Click to expand...
Using AP does NOT impact your H1 status.
(btw, travel abroad when your H1 extension is pending might impact it !)

Anyways have your attorney read up on the Cronin Memo -- this is from the legacy INS.
 
I did not get it completely.

So, one can visit abroad, enter US on AP and still continue to work on H1?

What if H1 expires but its extension is pending? Can I still enter the country on AP? or can continue to work on H1 as H! extension is pending? Help please.
 
max2k1 said:
Using AP does NOT impact your H1 status.
(btw, travel abroad when your H1 extension is pending might impact it !)

Anyways have your attorney read up on the Cronin Memo -- this is from the legacy INS.
Click to expand...
You are right but this is not applied for his case. His case is the H1B extension is pending. If he leaves the country, the case will be abandon. His attorney is right.
If his H1B extension is approved, he can leave the country and come back with Ap. Then, work using H1B extension.
 
You must log in or register to reply here.
Top