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neeidd
11-19-2009, 01:10 PM
Hi All,

I and my wife are travelling to INDIA in the mid of December 2009.

My Questions are

1) We are planning to use AP while coming back to USA . Even though I use AP to re-enter USA, Can I still work on H1B (I work for the same employer who filed my GC) status after re-entering USA or do I have to switch to EAD?

2) And also Since I am planning to use AP while coming back to USA, do I have to switch to EAD even before going to INDIA, like in 1st week of December 2009?

Could you please advice to my above two questions!

Thanks a lot for your help

Regards

bbenhill
11-19-2009, 02:16 PM
You don't have to do anything. just go and enter using AP.

As long as you have your H1B valid then your work status will be using H1B status and for staying in US you will use Parolee.

I did the same thing a couple weeks ago. the difference is my H1 application was pending at that time. so I have to use EAD for 2 weeks. But now I got my H1B approval and I am in process to switch my work status to use H1B again.

R,

Hi All,

I and my wife are travelling to INDIA in the mid of December 2009.

My Questions are

1) We are planning to use AP while coming back to USA . Even though I use AP to re-enter USA, Can I still work on H1B (I work for the same employer who filed my GC) status after re-entering USA or do I have to switch to EAD?

2) And also Since I am planning to use AP while coming back to USA, do I have to switch to EAD even before going to INDIA, like in 1st week of December 2009?

Could you please advice to my above two questions!

Thanks a lot for your help

Regards

prakgc
11-19-2009, 05:30 PM
bbenhill,
If you come on EAD you cannot move back to H1B so easily..
You have to file for a fresh H1B to move back as far as i understand..

You can come back on AP and stay on H1B only if you have a valid H1B approval I-797.. which doesn't have a H1B stamping on passport..

else you have to use EAD assuming you work the day after you come..

You don't have to do anything. just go and enter using AP.

As long as you have your H1B valid then your work status will be using H1B status and for staying in US you will use Parolee.

I did the same thing a couple weeks ago. the difference is my H1 application was pending at that time. so I have to use EAD for 2 weeks. But now I got my H1B approval and I am in process to switch my work status to use H1B again.

R,

nousername
11-19-2009, 05:58 PM
Yes, after entering on AP you are a parolee but you can switch back to H1B or apply for an extension provided you are working for the original sponsor who filed for your GC.

I did the same thing couple of months back.. I came back on AP though I had my H1 approval (no stamp) and checked with my attorney. As her him when my H1B is up for renewal I can switch back to H1.



bbenhill,
If you come on EAD you cannot move back to H1B so easily..
You have to file for a fresh H1B to move back as far as i understand..

You can come back on AP and stay on H1B only if you have a valid H1B approval I-797.. which doesn't have a H1B stamping on passport..

else you have to use EAD assuming you work the day after you come..

bbenhill
11-19-2009, 06:14 PM
Prakgc, Please seperate between EAD and AP. I came using AP - not EAD. EAD is working authorization. Staying and working can have different status. so my current status is :
working : H1
staying : Parole (using AP).

Thx


bbenhill,
If you come on EAD you cannot move back to H1B so easily..
You have to file for a fresh H1B to move back as far as i understand..

You can come back on AP and stay on H1B only if you have a valid H1B approval I-797.. which doesn't have a H1B stamping on passport..

else you have to use EAD assuming you work the day after you come..

neeidd
11-20-2009, 02:43 PM
Thanks a lot guys for your posts.

I understand from your posts that We are fine to use AP and work on H1B for the same employer

Thanks again