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AP travel and H1B status

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  • AP travel and H1B status

    Please help me with the following situation. I am currently in the US on OPT. I have I485 pending and AP/EAD approved. I also have an approved H1B petition with a COS with a starting date of October 1st, 2013. I'd like to travel home in July/August before my new job starts in August.

    I asked two attorneys about this situation, and they gave me different replies:

    1) I can come back on AP, use EAD to begin working, and switch to H1B in October if necessary.

    2) This travel will invalidate H1B, so I will only have the EAD (which is risky since the GC application can be denied).

    Thank you!

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