Using AP without H1 Stamped....URGENT HELP needed!!

R

rs_mangat

Registered Users (C)
Hi Gurus,
I need your urgent help.

I'm working H1. I also have a EAD & AP but have never used (just used as a backup). My old H1 has expired & I'm waiting for the approval of my H1 extension. Now my question is:

If I get the approval of H1 & then travel out of USA...now on coming back if I don't have H1 STAMPED on my passport & I use AP for entering back, will my H1 be still valid??

The reason for asking this Q is :: Even though I'll try by best to get my H1 stamped on passport when I'm out of coutry, if I am not able to do so & use my AP while coming back, just wanted to know if I can still continue working on H1...!!

PLEASE respond ASAP as I've to travel next week.
THANKS in advance
 
If you have approved H1 papers (I-797), then you can enter on AP without H1 stamp and still work on H1. That is certain.
But you say your H1 expired and extension not approved. So on what basis will you get an H1 stamp anyway?
I don't know if you can work based on H1 ext applied after entering on AP. I'll leave it to others.
 
Thanks..Emailraja,
Here is ans to your Question::
Actually, I'm thinking of expediting my H1 (H1 premium) & will get the approval within 2 weeks (as they promise). ONLY after the approval I'll leave the country..
emailraja...are you sure about what u have mentioned??? .i.e. If my H1 is approved & I leave USA & then use AP on arriving back...I can still work on my H1....have u or any friend of yours experienced it personally or just hearsay?

thanks...
 
Hello.

I asked the same question to my lawyer - here is what he/she had to say:
When traveling using the AP, all you need to carry is the EAD card, a valid passport, and all pages of the AP document. No H visa or H approval notice is necessary. In order to enter using your h status, each person MUST have a valid h visa in his or her passport.


The above obviously contradicts what gurus in this forum and other forums are saying. Is there any official document, page which states the same??

emailraja said:
If you have approved H1 papers (I-797), then you can enter on AP without H1 stamp and still work on H1. That is certain.
But you say your H1 expired and extension not approved. So on what basis will you get an H1 stamp anyway?
I don't know if you can work based on H1 ext applied after entering on AP. I'll leave it to others.
Click to expand...
 
Whythisdelay...
U didn't understand the question:

Its very obvious that u don't need H1 if you want to use AP. AP & H1 are two different things.
The question was if you use AP for entering USA (with H1 approved but not stamped), can you still continue to work on H1. Because I was of the opinion that once you use AP, your H1 is automatically cancelled..
 
rs_mangat said:
Thanks..Emailraja,
emailraja...are you sure about what u have mentioned??? .i.e. If my H1 is approved & I leave USA & then use AP on arriving back...I can still work on my H1....have u or any friend of yours experienced it personally or just hearsay?

thanks...
Click to expand...


Relax. I entered on AP myself recently. I only have the I-797 papers for H1 approval, not an H1 visa stamp (coz the waiting line for a consualte apt was so f**ing long). I'm still working on H1 now. My company lawyers advised me to do this.
 
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Hi,

I used to be on H1B. At the same time I have EAD and AP from my wife GC process.

Recently I am working for a differnet company with EAD (which is obtained through mife's GC) and I have do not have passport stamping and H1 from previous employer also expired.


We are planning to go to Indian for a visit. I think. I have to use AP which is obtained from my wife's GC to enter into US. Is there any problem while entering into US and what all other papers that I have to cary

Please help
 
emailraja said:
Relax. I entered on AP myself recently. I only have the I-797 papers for H1 approval, not an H1 visa stamp (coz the waiting line for a consualte apt was so f**ing long). I'm still working on H1 now. My company lawyers advised me to do this.
Click to expand...

Emailraja...
Thanks...I've few more questions:
1. Do they issue I-94 when u use AP for entry into US??
If yes, then how much validity they put on that I-94. (in case of H1, the validity of I-94 is the expiry date of your H1)

If no, then will i face any problem leaving the country again as I won't be having I-94 while leaving?

2. If I enter once on AP, then in future, will I've have to use AP only or I can switch back to H1 once its stamped?

3. When u entered US, did u ever mentioned to the immigration officer that u ALSO have a H1 (not stamped) or you just showed ur AP?
 
rs_mangat said:
Emailraja...
Thanks...I've few more questions:
1. Do they issue I-94 when u use AP for entry into US??
If yes, then how much validity they put on that I-94. (in case of H1, the validity of I-94 is the expiry date of your H1)

They'll give you a new I-94 that expires with the AP.


If no, then will i face any problem leaving the country again as I won't be having I-94 while leaving?

2. If I enter once on AP, then in future, will I've have to use AP only or I can switch back to H1 once its stamped?

You can leave and enter again with H1 stamp.

3. When u entered US, did u ever mentioned to the immigration officer that u ALSO have a H1 (not stamped) or you just showed ur AP?

I just showed my AP. Didn't mention H1 at all. If you choose to mention it, they may use the expiry date on H1 instead of the expiry date on AP for the I-94. I'm not sure about that.
Click to expand...
 
One thing, though. I stood in line for immigration, and when my turn came, the officer looked at the AP and said "huh oh. I don't do those." Then he sent me to his neighbor officer who was apparently authorized to do them.
 
emailraja...
one last question:
if they put the expiry date of AP on I-94 (which is one year), what do you do when it expires??
I mean, the H1 expiry is mostly 3 years...whereas AP is one year only...if I don't file the extension of AP (because I've a H1) then what should I do?

Secondly, even if I file for the extension of AP...how do I extend the date on my I-94?
 
One year from the entry date


I entered using the AP. Got an I-94 for one year ( My AP will be expiring in 3 months). Hope it helps.
 
EAD or H1 for working

Hi Gurus,

If I have both valid EAD and H1, How do I know which one is used by employer to process my Payroll. I asked my accountant, he say there is nothing like that is linked to Payroll.

Thanks in adavance for your reply.
 
ReEntered on AP, can I extend my H1

Hi Gurus:
I re-entered on AP as my H1 stamp had expired. My I-94 says my validity is untill AP. I have an approved EAD however I want to continue working on H1.
My H1 expires very soon in 2 weeks or so, can I extend my H1?

At the port of entry the immig officer did not ask for my H1 papers atall.
What is my current status?

Please help as I do not have much time left before my H1 expires and my lawyer says that because I used my AP I am not eligible for H1 extension.
Is that true?

How do I find out if I am working on EAD or h1?

Please help!!!!!!!!!!!!!!!

Thanks
- Smit
 
Same basic question, but with a critical twist... :)

I have L1-A, not H1, and my visa stamp has expired even though my I-94 and PED are still valid until May '07. I'm planning to travel outside the US in May '06 to get married. My original intention was to get the L1 restamped, and then to have my spouse get an L2.

However, what I understand from reading this thread is that one can re-enter the US on an AP, without the L1 getting cancelled.

Question 1: Is there any difference between L1 and H1 in this case?

Question 2: Since my visa stamp is expired, but the actual visa is still valid (i.e. PED date), does the strategy of re-entering on AP without getting the L1 cancelled apply? In other words, what happens if I enter on AP without get the L1 re-stamped? Does L1 still remain valid on basis of the PED/I-94 date?

Question 3: Can my spouse apply for L2, even if I do not get L1 re-stamped? I.e. can someone apply for an L2 on the basis of an L1 that has an expired visa stamp, but valid PED/I-94?


Thanks for any guidance! :)
 
H1 visa STAMPED or NOT:

If you have valid H1 status, you will be considered in H1 status as long as:

a) Job is not terminated by employer who originally submitted H1 petition.
b) You don’t use EAD to continue with current employer or to get new employment
c) GC is approved
d) Changed your status to other Non-Immigrant visa

As long as above conditions are satisfied, H1 is VALID. It doesn’t matter what you used (i.e. AP or H1) when you entered last at POE.

rs_mangat said:
Hi Gurus,
I need your urgent help.

I'm working H1. I also have a EAD & AP but have never used (just used as a backup). My old H1 has expired & I'm waiting for the approval of my H1 extension. Now my question is:

If I get the approval of H1 & then travel out of USA...now on coming back if I don't have H1 STAMPED on my passport & I use AP for entering back, will my H1 be still valid??

The reason for asking this Q is :: Even though I'll try by best to get my H1 stamped on passport when I'm out of coutry, if I am not able to do so & use my AP while coming back, just wanted to know if I can still continue working on H1...!!

PLEASE respond ASAP as I've to travel next week.
THANKS in advance
Click to expand...
 
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follow up on AP&EAD issue

If I travel with AP and come back working on EAD, As said, the new I-94 will expired with AP, which is less than one year, How should I deal with I-94, should I extend it?

thanks
 
No need to ...

As long as you have pending I-485, you are in status.

startNIW said:
If I travel with AP and come back working on EAD, As said, the new I-94 will expired with AP, which is less than one year, How should I deal with I-94, should I extend it?

thanks
Click to expand...
 
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