What does entering on AP mean?

R

rsharma2000

New Member
Hi,
I am seeking help on few doubts that I have -

1. I am working on H1, going to India and want to return back on AP, as my H1 on passport has expired and I may not get time to stamp the approved ext in India. Can I return back on AP in this case?

2. Once I return on AP, am I still working on H1 or automatically transferred to be on EAD?

3. If I am on EAD now, can I change back to H1 by revalidating here again.

Thanks & Regards,
Raj
 
1. I am working on H1, going to India and want to return back on AP, as my H1 on passport has expired and I may not get time to stamp the approved ext in India. Can I return back on AP in this case?

Yes you could use AP at POE to get back to US. By using this your status will change to PAROLEE and your H1 will be invalidated.

2. Once I return on AP, am I still working on H1 or automatically transferred to be on EAD?

No your H1 will be invalidated, you cant use it. You need EAD to continue working.

3. If I am on EAD now, can I change back to H1 by revalidating here again.
I dont think so. Your status will be changed and you will remain in the status till you get your GC. However if you apply for fresh H1 then you could work on that H1 i guess.
 
Ak2003 said:
1. I am working on H1, going to India and want to return back on AP, as my H1 on passport has expired and I may not get time to stamp the approved ext in India. Can I return back on AP in this case?

Yes you could use AP at POE to get back to US. By using this your status will change to PAROLEE and your H1 will be invalidated.

2. Once I return on AP, am I still working on H1 or automatically transferred to be on EAD?

No your H1 will be invalidated, you cant use it. You need EAD to continue working.

3. If I am on EAD now, can I change back to H1 by revalidating here again.
I dont think so. Your status will be changed and you will remain in the status till you get your GC. However if you apply for fresh H1 then you could work on that H1 i guess.
Click to expand...


Are you sure that using AP invalidates the H1? According to my attorney and various memos, using AP doesn't invalidate the H1...
 
rsharma2000 said:
Hi,
I am seeking help on few doubts that I have -

1. I am working on H1, going to India and want to return back on AP, as my H1 on passport has expired and I may not get time to stamp the approved ext in India. Can I return back on AP in this case?

2. Once I return on AP, am I still working on H1 or automatically transferred to be on EAD?

3. If I am on EAD now, can I change back to H1 by revalidating here again.

Thanks & Regards,
Raj
Click to expand...

1. Yes you can.
2. No, not at all.
3. If you are on EAD now, then to get back to H1b visa, you will have to go out of USA, get visa stamping done and re-enter USA.
 
My lawyer told me that using AP will invalidate your H1 a while ago. I was under the same impression.

The above article clears all doubts. Thanks mappani
 
Eventhough I had H1 visa stamped, I came back on AP.
I continued to work on H1.
 
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