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...
 
Ap

I re-entered a year ago on H1 and officer asked me what is going on with myGreen Card. I said to him pending I485....He asked me for my I485 receipt and along with AP etc. I told him I have time on H1B approval, and officer cancelled my H1B visa and excuted AP and said I cannot use H1B visa. So....yes AP cancels the H1B visa.

But If I never went out of the country, I could have continued to use H1B.

Disclaimer: This was my experience. I am not a Lawyer :D

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...
 
my lawyer says using AP does not invalidate H1 and I can continue after I come back on H1 unless I want to change my job.
 
you have to file for an extension of H1, you cannot continue on the old one

basically use of AP lets you file an H1-B extension which is approved and thus you can maintain the H1 if you need / want to. So the poster is right either the officer cancelled the H1 or it is invalidated, check with your lawyer again else change him and hire me :)
shahramt said:
my lawyer says using AP does not invalidate H1 and I can continue after I come back on H1 unless I want to change my job.
Click to expand...
 
My 2 cents

I was in a smimilar situation about 2 years ago.

I used my AP to go home and to re enter USA. After few months I asked my lawyer to extend my H1 and they said I could not extend my H1 because I entered USA as a parolee. They said I could get another H1 extention at US consulate outside USA.

I am not a lawyer and this is just my experience.

SP
 
use of AP doesn't cancel H1

Here you go...

http://www.murthy.com/news/UDnewins.html

An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.

fyi:am not a lawyer...
 
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