Travelling on H-1B with Approved AP

[black_mirror]

Hi,

I am currently on H-1B with my AOS pending and AP approved. I plan to travel outside the US and return using my AP. I scouted the internet and it seems that if you use your AP to enter the US you are no longer on your H-1B. I had a couple of questions:
- Do you indeed lose your H-1B status? If so, is it possible to regain it without going through the lottery? And will regaining my H-1B abandon my AOS?
- I assume I can use my EAD to work. Is so, do I need to notify my employer? I will be returning to the same employer as before my departure from the US. What happens if the AOS gets denied?

Thanks!

[boogiewoogie]

im not sure about the first part of your question but yes you can work on your EAD.
you will have to send a copy of front and back to your employer and they will update form I9 if i'm not mistaken.
When does your H1B expire?

[black_mirror]

im not sure about the first part of your question but yes you can work on your EAD.
you will have to send a copy of front and back to your employer and they will update form I9 if i'm not mistaken.
When does your H1B expire?

2021

[boogiewoogie]

2021

ok im confused why you would have applied for Advance Parole then unless you intend to quit your job or you got it just in case.
Someone on H1b/H4/L1/L2/K3/K4/V status can leave the US while I-485 is pending without Advance Parole without abandoning their I-485, as long as they return on the same kind of visa
If i were you i would just travel back to the US on your H1 but perhaps someone else wants to chip in here..

[azblk]

You do not need AP when on H1 unless you intend to quit your job. You can keep traveling on your H1 visa with no problems until you get a greencard. Unless you violate your H1 status - you would remain on H1 status if for some reason your AOS is denied/abandoned.

[newacct]

I am currently on H-1B with my AOS pending and AP approved. I plan to travel outside the US and return using my AP.

As others have mentioned, if you have H1b status when you leave, you can re-enter on an H1b visa (either an existing visa or a new visa you get while abroad) and it won't abandon your AOS. If you have the option of using either AP or H1b visa to re-enter, it is probably better to use H1b visa to re-enter, as then you will enter into H1b status, which is independent of your AOS so you can stay in the US even if the AOS is denied; whereas if you enter on AP, you won't have status, and you have to leave the US if your AOS is denied.

The only cases where someone who had H1b would enter on an AP, would be if your H1b visa was already expired (or you never got an H1b visa after changing status into H1b), so you would need to get a new H1b visa abroad, and it is somehow difficult or inconvenient to get a visa during your trip, or you apply for a visa but it gets stuck in Administrative Processing; in those cases, you can just use your AP to enter.

- Do you indeed lose your H-1B status? If so, is it possible to regain it without going through the lottery? And will regaining my H-1B abandon my AOS?

Yes, you won't be on H1b status if you don't enter the US on an H1b visa. You have the same status as the visa you enter on. If you enter on an AP, you do not have status. According to the Cronin memo, after entering on AP it is still possible for the employer to file an H1b petition and have you change your status to H1b. It will not affect your AOS.

- I assume I can use my EAD to work. Is so, do I need to notify my employer? I will be returning to the same employer as before my departure from the US. What happens if the AOS gets denied?

According to the Cronin memo, after entering on AP, you can continue working on the same H1b work authorization for the same company you were working for before you left the US, even though you do not have H1b status. Thus, you do not need to use your EAD to work if you continue working for the same employer during your existing H1b petition period, and you don't need to notify your employer.