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H1B still valid after using AP for travel?

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  • H1B still valid after using AP for travel?

    Hi,

    I got my EAD and also AP. I also got my H1B visa extended which is valid till 2010. But I am yet to get the H1B stamping yet. In the next couple of months, I am planning to travel to India. I'm not sure whether I will be able to get my H1B visa stamped. So, if while coming back to the US, if I enter using my AP, then does it mean that I'm losing my H1B status and switching to EAD?

    If not, then after I enter the US with AP, can I still extend/get H1B visa stamped later?

    I would appreciate if you could clarify regarding teh same.

    Thanks
    vsv

  • #2
    After using AP you can continue using your H1B with the sponsoring employer, but you can not change employers or extend/renew that H1B. You are better of using EAD anyways.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      Hi Vasan,

      I agree, you can use AP and still maintain you H1-b as long as you stay with your sponsoring employer (who applied for you GC).

      Congratulations on getting both EAD and AP, How long did it take for you to get both.

      I applied my EAD and AP in August, got EAD but still waiting for AP. Any idea?

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      • #4
        I had also applied for my I-485, EAD, AP together in Aug '07. I got my EAD & AP both in Oct '07 itself.

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