Using AP as dependant and working on my H1

[fcres]

Can i use the AP that i obtained as dependant to re-enter US and still work on my own H1?

[eb3_nepa]

To the best of my knowledge from whatever I have read online and heard from lawyers. Once you use either your EAD or AP, you are now under "Adjustment of status" and no longer under the H1B status.

However I am not a Immigration Attorney, so please check with one. If I were you I would simply get my H1 stamped in your home country. I presume, you will be using your AP coz you want to avoid the Visa stamping hassle.

[nlssubbu]

Originally Posted by eb3_nepa

To the best of my knowledge from whatever I have read online and heard from lawyers. Once you use either your EAD or AP, you are now under "Adjustment of status" and no longer under the H1B status.

However I am not a Immigration Attorney, so please check with one. If I were you I would simply get my H1 stamped in your home country. I presume, you will be using your AP coz you want to avoid the Visa stamping hassle.

Using EAD for your work will invalidate your H1, but using AP to enter US is not. I myself used AP thrice and continued my H1 renewal sucessfully. [My H1 is still valid till Sep 2010 ]

You may enter using AP, but can continue maintain your H1B status without any problem.

Please do consult with your attorney and take decision accordingly.

Thanks

[fcres]

Originally Posted by nlssubbu

Using EAD for your work will invalidate your H1, but using AP to enter US is not. I myself used AP thrice and continued my H1 renewal sucessfully. [My H1 is still valid till Sep 2010 ]

You may enter using AP, but can continue maintain your H1B status without any problem.

Please do consult with your attorney and take decision accordingly.

Thanks

Thanks subbu, that was my understanding too. But was just confused whether it matters if i use the AP i got as a dependant (filed on my spouse's 485) and working on my H1 as opposed to a person like you where you are the primary applicant.

[JulyFiler]

Originally Posted by fcres

Thanks subbu, that was my understanding too. But was just confused whether it matters if i use the AP i got as a dependant (filed on my spouse's 485) and working on my H1 as opposed to a person like you where you are the primary applicant.

Do you know if we can transfer H1 to a new company after using AP?

[fcres]

Originally Posted by JulyFiler

Do you know if we can transfer H1 to a new company after using AP?

I'm not 100% sure, but from what i have read here, its not possible to transfer, but you can extend with the same employer. I read in another post here that if you want to transfer its better to go to Canada/Mexico and get H1 stamping for the current employer and then once you get back you will be on H1 status and can then transfer. Or you can file I-129 (for status change) to change the status from Parolee to H1 and then transfer - not sure about this.
Others, pardon me if its wrong and please correct me.