using AP to enter USA

[kunjal]

Hi,

I am currently on H1 visa, but it has been expired on my passport.

So can I use my AP to enter USA, as my I-485 is currently pending and I have my EAD card and AP approved. But I am not using EAD to work.

Please let me knwo if I can use AP to enter USA instead of getting H! renewed.

Kunjal

[txh1b]

What is the purpose of AP then if it cannot be used for entry? It puts you as a parolee though once it is used and you do not remain on H1b status.

[kunjal]

So then, I will have to change my H1 status....to EAD??

[txh1b]

EAD is not a status, parolee is the right word. This post should explain. Yes, in short, you have to work with EAD to be safe.

http://www.immihelp.com/forum/showthread.php?t=43523

[kunjal]

So just to clarify, when I enter USA with AP, do I have to go to US consulate to get stamp on my passport or it is not necessary.

Thanks for your response.

Kunjal

[txh1b]

What stamp are you asking about? If it is H1b, it is your choice. You can enter on H1b or AP. Safety net is in entering on H1b in case of a I140/I485 denial.

[kunjal]

I undustand that safety is in using H1 to enter.
But if for some reason I decide to enter using only AP, then do I need to go to US embassy before or just go to Airport with AP approval notice, and receipt of 485.

Kunjal

[txh1b]

All AP processing happens at Port of entry. Nothing else to be done prior to that.