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View Full Version : Does using AP means abandoning H1B status?


laddu0
03-01-2012, 02:11 PM
Hi Gurus:

I have filed my 485 and waiting for EAD & AP. My question is if I use AP to travel, does it means that I am abandoning H1B status?

whiz
03-01-2012, 02:24 PM
I have seen all combination of answers for this question.

But most common answer from those who have already done that is

You are a parolee the moment you enter using AP. But you can continue using H1 again by working for the same employer. There was a case to where Husband entered using AP and wife on H4 at the same time. People also renewed/transferred H1s after this.

But the best person to answer your question is your attorney. Mine told me to go and get stamped again while coming back, which I am going to ignore and coming back on AP and continue using H1.