Friends,
I heard conflict theory on H1B's validity after re-entering the US
through AP. Some people say that H1B will become invalid and one must work
on valid EAD; other people say that the H1B status is still valid even
though one uses AP for re-entrance. I certainly don't want to lose my H1B (so does my wife) as it provides a legal status in case I-485 were denied.
I asked my attorney, and here is the reply:
"...your H1B will not become invalid if you travel on your AP. Sometimes there is some confusion with the inspectors since they see both a H1B and AP in the system. We recommends that you travel on your AP but also carry your H1B in case of confusion. If you choose to travel on your H1B, you need to be sure that your Visa stamp is valid for the timeframe in which you want to travel. Once we get closer to your travel time, please let me know if you will require a new Visa stamp. If so, I will obtain the appropriate
information/documents that you will require to obtain a new Visa stamp
while you are in China..."
But Upon arriving on AP, our I-94 will be stamped and annotated with DOS
(duration of stay) as the expiration of AP/EAD, and Status as AOS instead
of H1. If our H1Bs are still valid, while the DOS annotated in our new
I-94s are expired, shall this be a concern? In case like this, suppose our
I-485 was denied for any reason, can we still legally work for our employers?
Please shed some lights on this topic, if you had similar experience. Thank you!!!
I heard conflict theory on H1B's validity after re-entering the US
through AP. Some people say that H1B will become invalid and one must work
on valid EAD; other people say that the H1B status is still valid even
though one uses AP for re-entrance. I certainly don't want to lose my H1B (so does my wife) as it provides a legal status in case I-485 were denied.
I asked my attorney, and here is the reply:
"...your H1B will not become invalid if you travel on your AP. Sometimes there is some confusion with the inspectors since they see both a H1B and AP in the system. We recommends that you travel on your AP but also carry your H1B in case of confusion. If you choose to travel on your H1B, you need to be sure that your Visa stamp is valid for the timeframe in which you want to travel. Once we get closer to your travel time, please let me know if you will require a new Visa stamp. If so, I will obtain the appropriate
information/documents that you will require to obtain a new Visa stamp
while you are in China..."
But Upon arriving on AP, our I-94 will be stamped and annotated with DOS
(duration of stay) as the expiration of AP/EAD, and Status as AOS instead
of H1. If our H1Bs are still valid, while the DOS annotated in our new
I-94s are expired, shall this be a concern? In case like this, suppose our
I-485 was denied for any reason, can we still legally work for our employers?
Please shed some lights on this topic, if you had similar experience. Thank you!!!