Valid H1B Extension, Visa Expired in Passport, Have AP - Travel to INDIA

[kiku]

Hello - I have the following situation -
1) Have Approved H1B Extension for another 1 year thats after my 6 yrs on H1B
2) Have got both EAD and AP.
3) Need to Travel to INDIA.

Question(s):
a. Can I travel to INDIA and enter back to US on AP?
b. When I use AP will the USCIS systems automatically change my details that I will be using EAD?
c. I would like to continue on H1B until I get my GC. So, should I be going to the US Consulate while in INDIA to get the VISA in passport, in which case, I can directly use the H1B visa (in case approved).
d. In my situation what is the use of AP apart from entering and leaving the country? Will it change any other status of mine?

Your inputs are appreciated.

Thanks.

[shervin143]

a. Can I travel to INDIA and enter back to US on AP?
>>> Yes.

b. When I use AP will the USCIS systems automatically change my details that I will be using EAD?
>>> Yes. If you enter in AP, you are no longer in H1B status.

c. I would like to continue on H1B until I get my GC. So, should I be going to the US Consulate while in INDIA to get the VISA in passport, in which case, I can directly use the H1B visa (in case approved).
>>> Yes.

d. In my situation what is the use of AP apart from entering and leaving the country? Will it change any other status of mine?
>>> If you enter in AP, you are not in H1B status. If you want to be in H1B status until you get your GC, then you need to get the H1B visa stamped and return back in H1B visa.

[kiku]

hi Shervin,

Thank you for the replies. Point # 2 and 4 are confusing as today my lawyer said that when I enter back to USA using AP, the USCIS will not take note of the EAD or any other change in statuses.

Now, I am all the more confused. Which is the correct thing? Do you have any suggestions?

[shervin143]

If you want to be in U.S in H1B status, you need to enter U.S in H1B visa. If you enter in AP how can your be in H1B status? Consult a immigration attorney on your own to get this clarified (not your company attorney).

hi Shervin,

Thank you for the replies. Point # 2 and 4 are confusing as today my lawyer said that when I enter back to USA using AP, the USCIS will not take note of the EAD or any other change in statuses.

Now, I am all the more confused. Which is the correct thing? Do you have any suggestions?