What to do ? Use AP or H1

S

sinjeti

Registered Users (C)
Hi,
My 485 ND is 4/3/2003. My H1 expired in May 2003.
I have an H1 extension approved till May 2006.

I travelled to India in Nov 2004 and returned using my AP as my H1
was not stamped. I need to go to India again in Aug.
Can I still use my AP ?. I am not using EAD.
Should I have to start working with my EAD instead, for me to use the AP?

Thanks

Sri
 
sinjeti said:
Hi,
My 485 ND is 4/3/2003. My H1 expired in May 2003.
I have an H1 extension approved till May 2006.

I travelled to India in Nov 2004 and returned using my AP as my H1
was not stamped. I need to go to India again in Aug.
Can I still use my AP ?. I am not using EAD.
Should I have to start working with my EAD instead, for me to use the AP?

Thanks

Sri
Click to expand...

You dont have to be working on your EAD in order to use the AP. You could use the AP at POE and continue working on H1 and apply H1 extension and also apply for EAD renewal and AP renewal after that.
 
Do I have to renew my EAD using AP?

I'm working on H-1 visa and my EAD has expired. I traveled twice internationally last year on AP and I continue to use H-1 visa without renewing my EAD. So my question is: do I have to renew my EAD while having H-1 visa and traveling abroad on AP? Would not having an EAD card be a problem when I'm interviewed by an officer (my case was transferred to CHicago INS)?

Thanks a lot!
 
yueyue said:
I'm working on H-1 visa and my EAD has expired. I traveled twice internationally last year on AP and I continue to use H-1 visa without renewing my EAD. So my question is: do I have to renew my EAD while having H-1 visa and traveling abroad on AP? Would not having an EAD card be a problem when I'm interviewed by an officer (my case was transferred to CHicago INS)?

Thanks a lot!
Click to expand...

There is no relation between EAD and AP. If your H1 is still valid, there is no need of using or having an EAD. At port-of-entry you can use either your H1 visa or AP for entry. You don't need to show your EAD as long as your H1 is valid. Same way, i interview you can show your valid H1.
Having said that, it's always better to keep a valid EAD in I485 stage - for any unforeseen future incident - lay off etc.
 
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