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View Full Version : Left US ..Will be using APon return but no EAD applied


seemashah
10-24-2009, 04:47 AM
Hi:

Me and my husband left US on AP, which is valid until nxt year. We both were working on valid H1's until we left. We dont want to go for stamping and will use AP on our arrival at the POE. We havent applied for EAD when we left. Is it Ok for us to apply for EAD once we are back in US or is it ok to apply for H1's again once we r back. In both cases whether we go for h1 or EAD, can we start wroking rt a way or do we need approval first.

Thanks.

roseball
10-24-2009, 11:19 AM
Hi:

Me and my husband left US on AP, which is valid until nxt year. We both were working on valid H1's until we left. We dont want to go for stamping and will use AP on our arrival at the POE. We havent applied for EAD when we left. Is it Ok for us to apply for EAD once we are back in US or is it ok to apply for H1's again once we r back. In both cases whether we go for h1 or EAD, can we start wroking rt a way or do we need approval first.

Thanks.

If you are planning to continue working for the same H1 employer when you return on AP, then you can start working immediately. If you intend to change employers, then either your new employer needs to file a H1 Change of Employer petition and you can start working once you get it approved OR you can apply EAD and start working when its approved.