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Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

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Old 09-19-2011, 12:47 AM
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Default Travel Documents & H1-B Related Question

I am currently on H1-B status. My H1-B visa stamp on my passport expired in Sep 2009. My H1-B status is till Sep 2012.

I am applying for 485 in next couple of weeks. I am applying for EAD and Travel Documents at the same time for me and my wife.

Once I get my Travel Documents, I am planning to go to India in May of next year. do I need to get H1-B visa stamping at US embassy in India before I can return to the US ?

Also, do I need to renew my H1-B next when my current H1-B petition expires ?

Any info. would be greatly appreciated.
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Old 09-19-2011, 11:15 AM
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Default

Hi,

I am currently on H1-B status. My H1-B visa stamp on my passport expired in Sep 2009. My H1-B status is till Sep 2012.
I am applying for 485 in next couple of weeks. I am applying for EAD and Travel Documents at the same time for me and my wife.
Once I get my Travel Documents, I am planning to go to India in May of next year. do I need to get H1-B visa stamping at US embassy in India before I can return to the US ?


I believe you have a Valid H1-B valid till Sep 2012, but not yet stamped on the passport, if you go out of US, then you must attend consulate and get visa stamped in your passport.

If you get your Travel Document (Advance Parole), you do not need to go for H1-B stamping, you can use your parole document and enter into US back.

If you use your Parole document, you will be losing your H1-B Status, you no longer on H1, you must use EAD. Senior members, correct me if I am wrong.


Also, do I need to renew my H1-B next when my current H1-B petition expires ?
If you want to be on H1, you must renew it, if not you can use your EAD and Parole documents.

Thanks
Sunil K
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  #3 (permalink)  
Old 09-20-2011, 12:31 PM
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Default Interesting

As I understand H1B is still valid even if you use AP to re-enter...

Quote:
Originally Posted by hi2sunil View Post
Hi,

I am currently on H1-B status. My H1-B visa stamp on my passport expired in Sep 2009. My H1-B status is till Sep 2012.
I am applying for 485 in next couple of weeks. I am applying for EAD and Travel Documents at the same time for me and my wife.
Once I get my Travel Documents, I am planning to go to India in May of next year. do I need to get H1-B visa stamping at US embassy in India before I can return to the US ?


I believe you have a Valid H1-B valid till Sep 2012, but not yet stamped on the passport, if you go out of US, then you must attend consulate and get visa stamped in your passport.

If you get your Travel Document (Advance Parole), you do not need to go for H1-B stamping, you can use your parole document and enter into US back.

If you use your Parole document, you will be losing your H1-B Status, you no longer on H1, you must use EAD. Senior members, correct me if I am wrong.


Also, do I need to renew my H1-B next when my current H1-B petition expires ?
If you want to be on H1, you must renew it, if not you can use your EAD and Parole documents.

Thanks
Sunil K
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  #4 (permalink)  
Old 09-20-2011, 02:25 PM
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Default

New 485 application fee includues future EADs & APs so feel free to renew for free.
I think You will be all set by MAY-12 with your GC. No need to goto H1 stamping as far as you have AP in hand.
Although you entered US using AP, You will be still in H1 status & you have choice of extending your H1 beyond 06/2012 OR use EAD if required.
Good Luck.

Quote:
Originally Posted by jamesingham View Post
I am currently on H1-B status. My H1-B visa stamp on my passport expired in Sep 2009. My H1-B status is till Sep 2012.

I am applying for 485 in next couple of weeks. I am applying for EAD and Travel Documents at the same time for me and my wife.

Once I get my Travel Documents, I am planning to go to India in May of next year. do I need to get H1-B visa stamping at US embassy in India before I can return to the US ?

Also, do I need to renew my H1-B next when my current H1-B petition expires ?

Any info. would be greatly appreciated.
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