Using AP & then working on H1

[Nice_guy73]

Hi Guys,

I am little confused about this EAD/AP issue.....PLS HELP..

Here are the details about me:

# 485 filed in dec 2001 (02-077) & got my EAD in March 02.
# My H1 was expiring in Oct 02 so had filed for H1 ext in June 02
# Recd H1 extension in Jan 03
# I am still single

I had to rush to india in oct last year for some family emergency & entered back using my AP in dec since H1 extension had not come thru.. I am still working on my H1 but I am getting laid off this month end...I might get a job in another company & they might transfer my H1...

Now my question is can i still work or transfer my H1 after using my AP. The reason I want to avoid working on EAD is that I am still single & i plan to bring somebody from India soon. Secondly i belive its always good to maintain your H1 status as long as u can
....so CAN I TRANSFER MY H1 after using my AP.....

Your responses will be highly appreciated freinds..

 

[pralay]

Originally posted by Nice_guy73
Now my question is can i still work or transfer my H1 after using my AP. The reason I want to avoid working on EAD is that I am still single & i plan to bring somebody from India soon. Secondly i belive its always good to maintain your H1 status as long as u can
....so CAN I TRANSFER MY H1 after using my AP.....

There is no problem transferring H1 even though you traveled with AP already. That part is safe. But I guess there is a little issue somewhere else. Assuming your "somebody" is your to-be-wife, after wedding she has to apply for H4 visa. But if your H1 visa is expired already (I am talking about the expiry date on passport visa stamp), then she may not get her visa at all (because one get H4 visa based on a valid non-expiring H1 visa). That means you need to get a new H1 stamp too. But after traveling on AP I am not sure how good idea it is to get a new H1 stamp from consulate (they may not issue new H1, stating that you have a valid AP and suggest you to reenter US with that AP). But I feel your have only one choice - transfer your H1 and hope your to-be-wife will get her H4. I suggest you to talk with an attroney to discuss these subtle issues becuase it's very important to know what you/your wife should write in visa application papers wihtout lying. For example, questions like "how long you intend to stay in USA" or "has anyone submitted an immigrant visa in your behalf" etc.
Best of luck.

 

[Rahul_need_help]

working on EAD & H1

Hi ,

I am in a similar situation too.. Cant Nice guy get his H1 stamped in the US & later his wife can apply in India while coming back...

Does anybody has similar situation.....

Thanks,

Rahul

 

[pralay]

Re: working on EAD & H1

Originally posted by Rahul_need_help
Hi ,

I am in a similar situation too.. Cant Nice guy get his H1 stamped in the US & later his wife can apply in India while coming back...

Does anybody has similar situation.....

Thanks,

Rahul

Do you have enough time to get visa stamp from State Department? You should send to Washington DC, if you have atleast 2 months on your hand efore trevelling (probably more). See Secretary of State dept website.