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immmj
11-04-2008, 01:24 AM
HI,
I plan to travel out of US in a month and have two following questions. Here is my basic info.
****
I485(pending 6+ month)
I140(approved)
H1B(renewed and approved Oct. 2008)
AP(renewed and approved Sep.2008)
****

1. If I lost my job(h1b) before I come back to US, can I still use AP to enter US?

2. AP renewal was approved one month before my H1B renewal was approved. Does this automatically invalidate my approved AP renewal? I saw it some where but can not find it right now...

Thank you for your help!

addsf345
11-04-2008, 02:36 AM
HI,
I plan to travel out of US in a month and have two following questions. Here is my basic info.
****
I485(pending 6+ month)
I140(approved)
H1B(renewed and approved Oct. 2008)
AP(renewed and approved Sep.2008)
****

1. If I lost my job(h1b) before I come back to US, can I still use AP to enter US?

you can re-enter on AP even without job

2. AP renewal was approved one month before my H1B renewal was approved. Does this automatically invalidate my approved AP renewal? I saw it some where but can not find it right now...

No, your AP is still valid

Thank you for your help!

see my answers in red

gcdreamer05
11-04-2008, 12:31 PM
h1b renewal does not invalidate AP, both are different.

immmj
11-06-2008, 03:18 AM
Thank you very much for your reply. Do you happen to know whether there are any official websites that implicitly provide the answers to these issues? I have been looking for those but can not find any.

gcdreamer05
11-06-2008, 11:39 AM
Thank you very much for your reply. Do you happen to know whether there are any official websites that implicitly provide the answers to these issues? I have been looking for those but can not find any.

I am in a similar situation, my h1b renewal was filed 55 days ago, and i filed my AP yesterday, so i should get h1b renewal approved in like 2-3 weeks and AP would take 2 months or so. So h1 renewal will come before AP.

I asked my attorney and she said fine. That is why i posted here.

But you asked "if i lose h1b", will your employer revoke your h1b extn or no, because that too depends on your ability to enter back, you should have an approved I-797 h1 extension notice which is valid and not revoked.

LostInGCProcess
11-06-2008, 11:51 AM
Thank you very much for your reply. Do you happen to know whether there are any official websites that implicitly provide the answers to these issues? I have been looking for those but can not find any.

AP is given to applicants whose AOS is pending. H-1B is a work permit. Both are different and are not interlinked in any way. You could continue to hold H1 (and be on H status) and use AP to travel. You would not lose the H status, if you are working for the same employer.