Using AP come back to U.S, then H-1B is invalid?

H

hlin4

Registered Users (C)
Hi Guys,
I got my AP approved in this Aug, and I plan go back to China to visit this Christmas, currently I am using my H-1B while is valid to Oct/2005.
If I use my AP come back to U.S, doesn't that mean I automatically begin use my EAD card, and give up my H-1B?
Someone told me keeping two legs walking is a good way. So I think Keeping H-1B is a good way, right? Since it's valid till 2005/Oct.
Is it true that using AP come back to U.S, my H-1B get invalid?
Looking forward to your reply!

Hai
 
As per my knowledge, using AP does not make the H1 invalid.

You start using your EAD only when you submit it to your employer for employment purposes!

I have used AP to enter, and I am still on valid H1.

hope this helps...
 
This question has been answered by several attorneys (one example www.usvisanews.com). If you enter US using your AP, then you are no longer in your H1 status. Unless you have a valid EAD you can not continue to work.

Follow the link http://www.usvisanews.com/wedquest052103.html
and read question no. 1

kiki01, it is your responsibility to provide your EAD information to your employer. They are not going to know whether you entered using your H1 or AP unless you tell them. Also, it is your responsibility to maintain your status in this country. Please note that ignorance is not an excuse.
 
dinnu, there have always been different views about this situation; take a look at what murthy.com says about it -

"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."

read more at this link http://www.murthy.com/UDnewins.html

And you are right about the thing that it is our own responsibilty to ensure that we are in correct status at all times! I wanted to enter on H1, but the imm. officer asked me about my AP documents (as my wife had to use it because she had used her EAD)!

Then I informed my lawyer as well as employer about the same - and they said exactly what Murthy says about it.
 
I know different lawyers have different take on it. I would recommend to take the most restrictive approach (ie you should use EAD to work after entering on AP)

I am not a lawyer, this is just a suggestion
 
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