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  #1 (permalink)  
Old 12-04-2011, 02:10 PM
Junior Member
Priority Date
:
Sep-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
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:
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Default Does using ap invalidate h1b visa?

Hi my pd is sept 2007,I wanted to visit India .I have recently filed for i485,ap and ead.will using my ap when I get it invalidate my h1 b? I do not want the hassle of stamping h1 extension if possible.thanks
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  #2 (permalink)  
Old 12-04-2011, 02:58 PM
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Apr-08
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Originally Posted by muni_k View Post
Hi my pd is sept 2007,I wanted to visit India .I have recently filed for i485,ap and ead.will using my ap when I get it invalidate my h1 b? I do not want the hassle of stamping h1 extension if possible.thanks
Same question here too. I hope I can file AP in Jan if the dates move for EB2 a bit. My H1B extension should be coming anytime now. I want to travel to India after I have AP but I don't want to use my H1B to be valid since my GC is based on future employment and I am not yet working for the employer who filed my GC until I get it.

Any response is appreciated.
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  #3 (permalink)  
Old 12-04-2011, 03:22 PM
Member
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I140 Mailed Date
:
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:
I-140
I485 Mailed Date
:
01/02/2012
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Join Date: Nov 2007
Posts: 43
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Quote:
Originally Posted by muni_k View Post
Hi my pd is sept 2007,I wanted to visit India .I have recently filed for i485,ap and ead.will using my ap when I get it invalidate my h1 b? I do not want the hassle of stamping h1 extension if possible.thanks
Same question here too. I hope I can file AP in Jan if the dates move for EB2 a bit. My H1B extension should be coming anytime now. I want to travel to India after I have AP but I don't want to use my H1B to be valid since my GC is based on future employment and I am not yet working for the employer who filed my GC until I get it.

Any response is appreciated.
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  #4 (permalink)  
Old 12-06-2011, 10:19 AM
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Quote:
Originally Posted by muni_k View Post
Hi my pd is sept 2007,I wanted to visit India .I have recently filed for i485,ap and ead.will using my ap when I get it invalidate my h1 b? I do not want the hassle of stamping h1 extension if possible.thanks
Your status will be parolee. You would need to reinstate your H-1B if you want to work on H-1B.

So say for e.g. you receive your AP before getting EAD and then, you leave US. You can enter US on your AP, but not work until you get EAD. You can work only after receiving your EAD.
I would suggest, you should hold on to your travel or still better, get your H-1B stamped. I see no issues when consulate knows you have a pending 485. Doesn't make sense to deny your H-1B, when you can still legally enter & work in the US.
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