AP with H1-B

[keep_waiting]

Hey everyone,
I was wondering if you can help me with one question.
I applied 485 with AP. Currently I have H1-B status, no visa stamp though.
When I get my AP, if I leave US and come back with AP, what would
be my status? Can I still use H1-B to work or I would have to use EAD to
work? I heard you would lose H1-B if you use AP, is that true?

Thanks a lot...

[ajay3344]

I am also on the same boat,My H1B is vaid up to the August 2008 but no stamping,I have applied I-485 and received recipt and also planning to visit India On AP In Jan 2008.

When I raised the same question with my Attorney that do I need EAD also when I will return from India then he advised me that I can come on AP and could work and he also advised that no need to apply for EAD now but before 90 days of expiration of H1B then I called Immigration CS they told different thing that I need to apply both AP and EAD together before leaving so that I am taking infopass appointment and will discuss same issue to clearify each thing with immigration officer then I will update you.If you have any information do update me on ajay3344.

AJAY

Hey everyone,
I was wondering if you can help me with one question.
I applied 485 with AP. Currently I have H1-B status, no visa stamp though.
When I get my AP, if I leave US and come back with AP, what would
be my status? Can I still use H1-B to work or I would have to use EAD to
work? I heard you would lose H1-B if you use AP, is that true?

Thanks a lot...

[ajay3344]

I have the same situation then I speak with BCP and Immigration officer they replied that my staus will change to parole but I do not need EAD because my H1B is valid to August 2008 and I can work after retuning from my trip .I do not need EAD till expiration of my H1b time period offcouse I will need after expiration of my H1B.You can travel with your AP.I saw many people has same problem please help others.I got this information from their national customer service number i.e.1800-375-5283 and BCP # 202-354-1000.

Have A fun and Nice trip

Hey everyone,
I was wondering if you can help me with one question.
I applied 485 with AP. Currently I have H1-B status, no visa stamp though.
When I get my AP, if I leave US and come back with AP, what would
be my status? Can I still use H1-B to work or I would have to use EAD to
work? I heard you would lose H1-B if you use AP, is that true?

Thanks a lot...

[Sam23]

Hi Ajay,

Jus now i posted the same question and then saw your thread.
Thanks for posting.

You have mentioned that we can use our AP to travel and can still work after returning to US using H1. So you mean to say we dont need to do stamping for coming back. we can still use the AP to come back and use H1 to work.

Have i understood properly?

Please reply.

Sam

[ajay3344]

If you have Valid H1 without stamping and your I-485 is pending then you are under special status and you can travel on AP and can continue the work when you will till validity of your H1.There is one condition that you are not voilator of any immigration law in past.

Your enetrance status will be parole but your status will still H1 till validity of H1B.Yes your status will be changed if you will apply for EAD then you cannot work on H1B.

I have email from attroney if you need as an back up then please let me know I will forward.

If you do not have H1 stamping but H1 is valid for more time and Your I-485 is pending.You didn't apply for EAD then definatly you can travel on AP and continue to work on H1.Don't warry I know some people who did same thing and recently came back with same boat on which we are sailing.I am also going to India In Oct-07.

AJAY

[indian_national]

I am pretty much on the same page.
Just that I am on my H1 and the Ap will be through my husband's EAD process as a dependent.
I would like some inputs also.