which one to use: AP or H1B Visa stamp?

E

eb1a-query

Registered Users (C)
Hi all,

I was wondering if anyone knows whether one should use his/her valid H1B visa stamp (working with H1B, not with EAD) or approved AP while reentering in the US. Is there any clear rule? Does using H1B stamp for reentry have any effect on the pending I-485?

Thank you.
 
yellowrocks said:
if you are going to work on h1 thereafter than you must use h1b visa stamp
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Thanks yellowrocks (and also for your other amazing thread!).

Yes, my H1b is valid for 2 more yrs. I asked this question coz I was told by our visa dept in our company that one should use AP for travel and H1B for working if I-485 is pending. As long as I don't use EAD I will keep my H1B status (and it can be extended beyond 6 yrs). but if I don't travel with AP then that means I'm abandoning my AOS. So I'm bit confused.
 
LaborBadhi said:
yellowrocks is right....
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Well, I don't think someone MUST use H1b stamp to keep maintaining H1B status. As long as EAD is not used, H1B is valid. Since I know a few colleagues who are from China are doing this since for them getting H1B stamp does not help as they only get 6 month long, single-entry stamp. Correct me if I'm wrong.
 
In my opinion

In my opinion if one uses AP to enter the country, the status of that person will no longer be H1B but will be "Adjustment of Status" pending
However, if you use H1B to enter the Country, Your status is definitely H1B as long as you are on W2 of the sponsoring Company whose H1B you hold.

So using AP does indeed change your status

Using H1B maintains your H1B Status

My suggestion would be to enter using H1B

eb1a-query said:
Thanks yellowrocks (and also for your other amazing thread!).

Yes, my H1b is valid for 2 more yrs. I asked this question coz I was told by our visa dept in our company that one should use AP for travel and H1B for working if I-485 is pending. As long as I don't use EAD I will keep my H1B status (and it can be extended beyond 6 yrs). but if I don't travel with AP then that means I'm abandoning my AOS. So I'm bit confused.
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Here is text from USCIS Advance Parole Filing instruction......guide

NOTE: If you are in the United States and wish to travelabroad, you do not need to apply for advance parole ifboth conditions described below in numbers 1 and 2 aremet:
A. You are in one of the following nonimmigrantcategories:
1. An H-1, temporary worker, or H-4, spouse or childof an H-1; or
2. An L-1, intracompany transferee, or L-2, spouse orchild of an L-1; or
3. A K-3, spouse, or K-4, child of a U.S. citizen; or
4. A V-2, spouse, or V-3, child of a lawful permanentresident; and
B. A Form I-485, Application to Register PermanentResidence or Adjust Status, was filed on your behalfand is pending with the USCIS.
However, upon returning to the United States, youmust present your valid H, L, K or V nonimmigrantvisa and continue to remain eligible for that status.

please make sure to contact your lawyer before making any final decision....
 
I have used H1B until now.... since my H1B is expired now...i am using EAD to work here ... so now my status in this country is as PAROLE....
 
Thanks for the reply magic_mail.

So according to this if I have a valid H1, I do not need to apply for AP, which is correct. But what if I applied for AP and got it approved? This is where my company lawyer is getting me confused. He's saying if you have approved AP then you should use it for travel but use H1B to work in the US. He's also talking about extending H1B after the 6th year. Also as I said, some of my coworkers are using AP for foreign travel but they are not using EAD. I really don't want to use AP....

Is there anyone in the same situation, who traveled with H1B stamp but has an approved AP?
 
Last edited by a moderator:
dont worry

I have approved AP's since October 2004

Despite of having approved EAD's and AP's, i have went to get H1B stamping twice after getting EAD and AP.

I have Entered United States on H1B status 7 times after that.

I am still on valid H1B Status waiting every single second for 485 to get approved...

eb1a-query said:
Thanks for the reply magic_mail.

So according to this if I have a valid H1, I do not need to apply for AP, which is correct. But what if I applied for AP and got it approved? This is where my company lawyer is getting me confused. He's saying if you have approved AP then you should use it for travel but use H1B to work in the US. He's also talking about extending H1B after the 6th year. Also as I said, some of my coworkers are using AP for foreign travel but they are not using EAD. I really don't want to use AP....

Is there anyone in the same situation, who traveled with H1B stamp but has an approved AP?
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B. A Form I-485, Application to Register PermanentResidence or Adjust Status, was filed on your behalfand is pending with the USCIS.
However, upon returning to the United States, you must present your valid H, L, K or V nonimmigrantvisa and continue to remain eligible for that status.

Does not it mean that I can travel with AP but upon entering I should show my H1B approval notice? If I have a stamp in my passport, the officer will see that any way!

Sorry for asking too many complicated questions and thanks a lot for all of your responses.
 
yellowrocks said:
I have approved AP's since October 2004

Despite of having approved EAD's and AP's, i have went to get H1B stamping twice after getting EAD and AP.

I have Entered United States on H1B status 7 times after that.

I am still on valid H1B Status waiting every single second for 485 to get approved...
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Thanks yellowrocks. I truly hope you get your GC very soon. Now I feel better that I don't need to use AP.
 
As long as you have a valid H1B then its recomended by lawyers too; to use H1B while going and coming back to USA.

Why do need to use AP???
 
Use H1B.

Use your H1B if you want to maintain your H1 status.

I got my passport stamped on H1B (8th year) in India this June till 2009, even I had approved AP. I had 2 EAD's and 2 AP's and never used. Applied for 3rd EAD and AP in July 2007.

My attorney suggested to stay on H1B as long as GC is pending (if possible). I keep EAD in case I want to switch jobs. But once I use EAD, I need to use AP to reenter US. Same way, if you use AP to reenter US, your H1B will be invalid. You should start work on EAD.

I know some people don't know this and reenter on AP and still work with H1B. But I strongly feel that is not acceptable. However, you can reapply for H1-B and get it stamped some where to go back to H1 status.

This I learned from reading lot of forums but people still misunderstand this. Best is consult your attorney.
 
Backto theGame

Why should i go to india and get appointment for stamping in case of emergency.If I have AP approved then I will return to US via AP and use H1B to start work with the company.who will do investigate on H1B?Will USCIS will revoke my H1B if I use AP to travel abroad.
 
because you never know

because you never know what will happen with 485

because you never know what will uscis do

because you never know when will uscis find out



using h1b definitely keeps you safe in terms of status, mostly guaranteed, unless there are some other issues in terms of status



MATCHPOINT said:
Why should i go to india and get appointment for stamping in case of emergency.If I have AP approved then I will return to US via AP and use H1B to start work with the company.who will do investigate on H1B?Will USCIS will revoke my H1B if I use AP to travel abroad.
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Is it written anywhere if you use AP (not EAD) you lose your H1B status? My company's immigration lawyer is not saying that and asking me to use AP.
 
For uscis,It will take another 20 years to find out not less than 20 yrs.so they wont open our I 485 so we are in safe.
 
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