EAD - AP and I-140

[Andy1234]

My I-140 was filed last year in July and hasn't been approved yet but I have received my AP and EAD last year only. EAD is also renewed for 2 years now. My H-1 is valid till June 2009.

Question is: I am planning to travel to abroad this Decemeber. I don't have visa stamping in my passport. If i come back on AP then H-1B will be invalid and i will have to start working on EAD.

As my I-140 is not approved yet, will I be able to work on EAD for my employer ?

[txh1b]

As my I-140 is not approved yet, will I be able to work on EAD for my employer ?

Yes, you can work but you are taking a greater risk by not using the H1b for entry. If I140 gets denied, the 485 is automatically void and so is your EAD. That means, you will be out of status immediately. This does not happen if you use H1b to enter while you pursue MTR and other options with the denial.