AP application and other questions

[sparikh80]

Hi,

-I am currently on H1. Never left US after H1 received and hence no stamping done.

-I have filed for GC through my wife who is a US citizen.

Question 1: I received my EAD last year but it expires in June 2008. Never used EAD. No procedure done with my employer after EAD received---My employer still thinks that I am on H1---Is that a problem???

-Done with our AOS interivew on 2/20/2008, interview went well but dont know the final decision for sure.
-We received I-130 approval on 2/22/2008. The priority date displayed on the I-130 approval notice is 2/19/2008.

Question 2: Need to travel to India in December 2008. Will apply for AP in Jule or July (as per your suggestion couple of weeks back). Once I have AP do I still need to do the H1 stamping ???

Thanks for Your help.

[PraetorianXI]

Answer #1: If you never filled out an I-9 with your employer, using the EAD as your work permit, then you are still on H1. There is no problem with that.

Answer #2: Certainly by December your AOS will no longer be pending (hopefully you will hear soon whether you were approved or not?) and once you get your Green Card, you do not need AP to travel.

In the event that the GC is still pending, then you can use AP, no need for stamping, but since your EAD would be expired either you renew it or you continue working for the same employer under H1.

[sparikh80]

Thank You PraetorianXI. You are doing a great job by helping people like me.

Once again thank You.