H1B to EAD to H1B

[pri12]

Hi,

My H1B (I-797) expired on APR 2008. My employer is applying for new H1B through premium processing now. My EAD is valid till Sep 2008. I plan to go to India in Jun 2008 and I will be using AP (Advance Parole) to return to US. I understand that I will be in EAD status when I enter US using AP and having an expired H1B.

1.) How long does premium processing usually take. I just need to know when I will get my new I-797 in hand?

2.) Is it ok to be in EAD status with a valid H1B and not get it stamped? If any issue occurs in my I-485 during this stage, what are my possibilities to regain my legal status in US?


3.) Is there anything else that can be done to change status from EAD to H1B apart from getting stamping?

4.) If I need to go out of the country and come back for this, can I got to Mexico for stamping? Will there be any complication in this?

Please help me. Thanks in advance.

[txh1b]

1. 15 days after USCIS gets the petition. Mail time for I797 to reach your employer/attorney is separate.
2. There is NO EAD status. It is called parolee. You have to leave US immediately if 485 gets rejected and re-enter on a H1b stamp.
3. No. Your entry back again on H1b puts you in H1b status.
4. You can.