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. Has anyone tried it ? PLEASE let me know. I've to make travel arrangement soon.

Thanks in advance...
 
ap

Hi,

If you have stamping upto next year, you dont have to worry about that, otherwise go in a AP and comes back in AP. Dont worry about h1 cancellation. Since my h1 had expired 6 months back, i am planning to go on AP, which is always good. I never been worried about what will happen to 485. If we have proper documents submitted to USCIS, then one should not worry too much about h1 vs Ap/ead.

This is my philosophy.. I will use AP, instead of h1.

Regards,
VJ
 
If you leave after H1 approval and come back with AP then you are fine, you can still maintain your H1 status.

If you leave before H1 approval, then you are abandoning your H1, you have to re apply once you come back.

How long your current H1 is valid? if it is valid till after you come back from vacation, then use AP and come back then re apply your H1 again..
 
Last edited by a moderator:
I have another question --- regarding this EAD/H1 thing.

Just by examples

1/1/2003 -- Joined Company A on H1b valid till 2006
1/1/2004 -- Got EAD
1/1/2004 -- filled I-9 form with the HR.


Question1: will I get back 2 years of H1b on 1/1/2006
Question2: say on 1/1/2005 I take back the I-9 form from HR -- does it put me back on H1b again.
Question3: rs_mangat said -- on payrolls he uses H1b -- what is this -- does one mention H1b in payrolls
Question4: what if one has EAD and his h1b gets expired -- and does not fill form I-9 .. what will it tantamount to.
Quetion 5: Some guys have had already filled I-9 even when joining with h1b -- does it need to updated again.
 
Thanks ALL...

jkvaisnavi..
My H1 has already exipired on 11/15/2005. I've filed for an extension & has receipt date of 11/11/2005. Its taking between 90 to 150 days to process the H1 (i.e. it'll come around mid feburary)

However, I am thinking of taking vacations in January. Most probably my H1 will not be approved by that time.

So Jkvaisnavi, under these circumstances, I've 2 questions:

1> If i leave BEFORE my H1 is approved & if WHILE on vacation my H1 is approved, my attorney can send me the approval notice to India....so i can get my passport stamped. Can I reenter US just on H1?? Or even if I use my AP while returning, will my H1 be valid?

OR

2> If I leave BEFORE my H1 is approved & come back on AP before its approved, can i still remain on H1 or it'll be cancelled..

Thanks gurus in adavance...
 
I have a related question.

My H1 expired in 2004 and I got approval for extension. BUT I never went out of US to get a new stamp in the passport. The current visa stamp in passport also expired in 2004.

I have AP approved. So if I travel on AP and also show the immigration officer approved H1 extension, will I be on H1 status or not?

Thanks in advance.
 
1> If i leave BEFORE my H1 is approved & if WHILE on vacation my H1 is approved, my attorney can send me the approval notice to India....so i can get my passport stamped. Can I reenter US just on H1?? Or even if I use my AP while returning, will my H1 be valid?

***** As far as i know, leaving this country before approval will abandon your filing, that means you can't use that approved one.

OR

2> If I leave BEFORE my H1 is approved & come back on AP before its approved, can i still remain on H1 or it'll be cancelled..

*****I think it will be abandoned.. You have to switch to EAD.. Once you swtch you can't go back to H anymore.

ALWAYS PLEASE CHECK WITH A GOOD ATTORNEY

If I were you I won't travel without getting my H approval.. Good Luck
 
WhyThisDelay said:
I have AP approved. So if I travel on AP and also show the immigration officer approved H1 extension, will I be on H1 status or not?
Click to expand...

Yes you will be on H1 status.. I think you have to show your H1 approval at POE so that they can enter the H1 expiration date in I-94, not the AP expiration date.
 
eBhola said:
I have another question --- regarding this EAD/H1 thing.

Just by examples

1/1/2003 -- Joined Company A on H1b valid till 2006
1/1/2004 -- Got EAD
1/1/2004 -- filled I-9 form with the HR.

Question1: will I get back 2 years of H1b on 1/1/2006
**** NO, once you switch to EAD then you can't go back to H anymore..
Question2: say on 1/1/2005 I take back the I-9 form from HR -- does it put me back on H1b again.
***** Please see above answer
Question3: rs_mangat said -- on payrolls he uses H1b -- what is this -- does one mention H1b in payrolls
****YES
Question4: what if one has EAD and his h1b gets expired -- and does not fill form I-9 .. what will it tantamount to.
****Always employer will have show that employee has a legal status either H or EAD.. There was a big discussion in this forum about who should inform about the status change..
Quetion 5: Some guys have had already filled I-9 even when joining with h1b -- does it need to updated again.
*****Whenever the status change the usually employer will ask for the new I-9 form..
Click to expand...
 
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