which one to use: AP or H1B Visa stamp?

eb1a-query said:
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.
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I did the same stupid mistake of using AP to re-enter by listening to my Company lawyer. I lost 2 years of my H1B status. Since then I applied 4 EAD's and 4 AP's spending hundreds of dollars evey year to renew.

But my lawyer was wrong. You can re-enter using H1B and still continue working on H1B keeping EAD, AP for safety, in case you loose/change your job.

Yes Search the FAQ's on Murthy.com you will find links to the USICS websites stating this clearly.

LOT OF LAWYERS HAVE NOT UPDATED THEMSELVES YET... CONFUSING PEOPLE LIKE US.
 
Thanks gc_4_all,

This is what I found from murthy.com (http://www.murthy.com/rumor.html). It is from 2003 and i don't know if anything has changed since then. it says that one is preferred to use H1b stamp.

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Chat User : If someone uses advance parole (AP) during the I-485 stage INS may respond with an RFE or transfer the case to a local INS office. INS does not like people at this stage to use AP. Posted Feb 25, 2003

Attorney Murthy : We have never heard that before. One is legally allowed to enter on the AP or the H1B. If one entered on the AP, then that person is considered to have been paroled into the U.S. and not legally "admitted," which has its own legal consequences. If the I-485 is rejected, for any reason, then the person is no longer in status, but if one entered on the H1B, then one has the backup H1B status. Each status has its own advantages and disadvantages, but INS does not issue an RFE or transfer the case merely by virtue of having traveled on AP.


Rumor : If one has a valid H1B visa from the employer, and is waiting for approval of I -485, s/he must use Advance Parole to travel abroad and reenter. Posted Feb 03, 2003

Clarification : If a person has an H1B petition approval and the H1B visa stamp in the passport which has not yet expired, the advance parole (AP) is not required. There is a potential risk that the employer may withdraw the job offer when the person is traveling abroad. If this occurs, s/he will be stuck abroad and will need to have a new employer file a new H1B petition. There is also a risk that the green card will be approved while the person is out of the country. In this situation, the H1B becomes invalid and generally cannot be used to reenter the U.S. Filing and obtaining the AP enables one to return even if the sponsoring employer decides to revoke or withdraw the H1B petition or the green card is approved while the person is abroad.

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Rule is pretty simple here - Dont know where the confusion is coming from.

1. If you have EAD and your existing job sucks and if you dont want to be attached to the company anymore by legal status ( like H1B) then get into US through AP. The moment you use AP you are out of H1B and from then on you are on EAD and you have to keep renewing your EAD.

2. If you have your EAD as an emergency purpose but you love your company, then enter through H1B. That way your EAD is of no use - no more than an additional protection - for eg. like buying Extended Warranty for a Sony product.

I did (1) till I got my GC ( keeping EAD renewed even though I had H1B alive for 2+ years )
 
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