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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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  #1 (permalink)  
Old 09-18-2013, 10:06 AM
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Default Re-entry on AP after a possible name change of employer

Hi friends,

Here is my situation:

I am currently working for a consulting company on H1 but have a approved EAD/AP(not using EAD though). My employer is planning to merge with another company with a possibility of changing the name of the company. The name change is still in debate.. I am planning to travel to India mid of Nov. So here are my questions:

1. What happens to my H1 when I return on AP? Is it safe? I am trying to avoid going for H1 stamping if I can come back safely on AP without hurting my H1.

2. How does the company name change will effect my re-entry?

Gurus please shed some light on this situation.

Thanks in advance,
-m
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  #2 (permalink)  
Old 09-18-2013, 02:00 PM
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Can somebody please share their experience?
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Old 09-18-2013, 02:22 PM
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Quote:
Originally Posted by vmb7 View Post
Hi friends,

Here is my situation:

I am currently working for a consulting company on H1 but have a approved EAD/AP(not using EAD though). My employer is planning to merge with another company with a possibility of changing the name of the company. The name change is still in debate.. I am planning to travel to India mid of Nov. So here are my questions:

1. What happens to my H1 when I return on AP? Is it safe? I am trying to avoid going for H1 stamping if I can come back safely on AP without hurting my H1.

2. How does the company name change will effect my re-entry?

Gurus please shed some light on this situation.

Thanks in advance,
-m
Not a 'guru' by any stretch, but still my 2-cents:
1) If you enter on valid H1, then you are not using your AP. So do not intermingle H1 and AP as they are mutually exclusive. Now H1 stamping might be an issue due to changes in the company name.
2) If you enter on AP, your H1 is no longer valid. Make sure your EAD is current before you do that. In my experience entering on AP, the immigration department will not look at your current employment details. You should OK to enter on AP, I guess

Again, this is coming from a novice and take it for what its worth.

All the best
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Old 09-18-2013, 04:18 PM
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Quote:
Originally Posted by mentalpeace View Post
Not a 'guru' by any stretch, but still my 2-cents:
1) If you enter on valid H1, then you are not using your AP. So do not intermingle H1 and AP as they are mutually exclusive. Now H1 stamping might be an issue due to changes in the company name.
2) If you enter on AP, your H1 is no longer valid. Make sure your EAD is current before you do that. In my experience entering on AP, the immigration department will not look at your current employment details. You should OK to enter on AP, I guess

Again, this is coming from a novice and take it for what its worth.

All the best
My wife's company name had changed and she had no issues in visa stamping. Just carry all the necessary documents including the copy of official notorized name change document that is filed with the county registrar and an explanantion from your boss on the EVL. Generally these things are also advertised in the local news paper---so carry a copy of the same too.
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Old 09-18-2013, 06:03 PM
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Default H1B and AP

Two years back i had to talk to an Attorney for some other issue and she mentioned that I can use my H1B and AP for entry and don't have to get the H1B stamped.
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  #6 (permalink)  
Old 09-19-2013, 07:13 AM
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Quote:
Originally Posted by saketkapur View Post
My wife's company name had changed and she had no issues in visa stamping. Just carry all the necessary documents including the copy of official notorized name change document that is filed with the county registrar and an explanantion from your boss on the EVL. Generally these things are also advertised in the local news paper---so carry a copy of the same too.
H1B stamping with old name and AP all can be used.Just carry all necessary documentation that proves company ABC and XYZ are one and the same or merged etc.
Merges and take overs are very common.No issues.
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Old 09-19-2013, 10:37 AM
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Coming through H1B visa serves 2 purposes

1) Valid stay in USA with I-94 in nonimmigrant status
2) Permit to Work for a particular company

Now when you come back with AP but you also have a H1 permit here is what is going to happen

1) Valid stay in USA in I-485 immigrant status
2) Work would be in H1B status if H1B is still valid. If H1B is not valid then EAD needs to be valid.

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  #8 (permalink)  
Old 09-19-2013, 11:14 AM
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Thanks all for your valuable insight!

Suva,

Thanks for your response!

I have a valid H1 until 2016 but trying to avoid going for stamping as that would need a client letter which is not easy to get from my client. My question is what do I have to do to get my H1 reinstated when I re-enter US using AP? I do want to keep my H1 just in case... I have posted this question about a year ago and I got mixed response.

Really appreciate any insight on this..

Thanks in advance,
-M
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  #9 (permalink)  
Old 09-19-2013, 12:18 PM
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Quote:
Originally Posted by mentalpeace View Post
Not a 'guru' by any stretch, but still my 2-cents:
1) If you enter on valid H1, then you are not using your AP. So do not intermingle H1 and AP as they are mutually exclusive. Now H1 stamping might be an issue due to changes in the company name.
No issues intermingling AP/H1. As long as you dont use your EAD you are safe.

Company name change will not impact stamping as long as you can show evidence of merger.

Quote:
2) If you enter on AP, your H1 is no longer valid. Make sure your EAD is current before you do that. In my experience entering on AP, the immigration department will not look at your current employment details. You should OK to enter on AP, I guess

Again, this is coming from a novice and take it for what its worth.

All the best
There is nothing wrong in using AP to enter USA. As long as you are not using your EAD number on your I-9 you can continue being on H1 status, despite of entering US as a parolee on AP.

This is based on my personal experience of mergers, and maintaining my H1 while my AOS was pending for 6+ yrs and travelling on AP at times when H1 was not stamped on passport.
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  #10 (permalink)  
Old 09-25-2013, 10:41 AM
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Thanks guys, I really appreciate your help!
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  #11 (permalink)  
Old 10-02-2013, 09:47 AM
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Friends,

I recently spoke to an attorney about the situation of entering US on AP but still continuing to work for the employer on H1 and he suggests I would need to apply for a H1 amendment or file for a new H1. I really need to travel to India but confused as to this may lead to giving up my H1 status.

I recently got my H1 renewed (extension after 6 yrs based on a approved 140) which started about 10 days back, so my H1 is valid for almost the entire period of 3 yrs(shy of 10 days).

My questions are:

1. Technically, we cannot apply for H1 renewals before 6 months of expiry so how does this work for me?
2. How good an idea is switching to EAD and dumping H1? What are the chances of 485 denials?

'Travel on AP and continuing on H1 on return' seems like a gray area. I do find a lot of different responses and articles. Please share some real experiences that would help this situation for me and a lot of others in the same boat.

Your responses are much appreciated and thanks in advance,
-M
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