No H1B visa stamp, what happens if I use AP?

[kristiana]

Hello,
I badly need expert advice. I am on an H1B but without a valid visa stamp. My AOS is pending and lawyer got me AP. I need to go to Belgium (10/14/2005) for 2 weeks of training. Lawyer said that if I return using AP, I will still be in H1 status when I return as long as I did not use my EAD to work in any other company but my H!B sponsor.

1) IS this accurate?
2) AM I taking any risk at all by leaving US? I want to make sure I can re-enter the US. ANy experience would be greatly appreciated.
3) Do I need to take my H1B documents?
4) What is worst case scenario? IF my H1B gets cancelled, what then? Can company refile?

THanks,
kristiana

[madgu]

Using AP/EAD

Hi Kristiana,

My visa status is exactly like yours. I got the information from my attorney saying that once we use AP for the foreign travel then you can enter into US with your AP and passport BUT you will no longer be in H-STATUS. So one has to be very cautious. If you still want to visit Belgium you make sure with your HR about your travel plans.

Good luck
madgu