Immediate help needed - ead/ap

[akila]

Hi,
My current EAD is valid until Oct 3,2008 and AP valid until Nov 2008. I am going for vacation to India and planning on going for visa stamping. My H1B I797 notice is valid until Aug 2009. Once when I enter with H1 visa, I am in H1 status.

(1) Should I need to apply for my EAD renewal before Jul 3,2008 - 90 days before the expiration of EAD. I am not going to switch my employer.

(2) Can you use H1 Visa and work until Aug 2009 for the same employer and apply for EAD renewal somewhere in Jun 2009? How will that work?

Please let me know so that I have to get my tickets.
Thanks
Akil

[txh1b]

1. Only if you want to and need EAD. If you plan on maintaining H1b status, no need to apply unless you want to fund the US treasury with the $340. If your H1b has issues during stamping and you use AP to enter, then you need EAD to work.
2. Yes. With a pending I485, you can apply for EAD anytime. Allow time for approval if you want to not have a break in employment.

[akila]

Thank you so much for your quick response. If I could not get visa stamping also I can use AP to enter U.S. That is interesting. Thanks again.
Akil

[txh1b]

AP is a back up entry provision for people holding non-immigrant visas like H1b and also have an AOS pending for the GC.

[akila]

Sorry for asking this. I am confused. If suppose say,my visa stamping is rejecteda at US Consulate, still can I use AP to enter US using AP. Thank you so much.
Thanks
Akil

[txh1b]

Sorry for asking this. I am confused. If suppose say,my visa stamping is rejecteda at US Consulate, still can I use AP to enter US using AP.

Yes, if your I485 is still pending and your AP was approved before you left the country.

[akila]

Thank you so much.
Akila