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View Full Version : Used AP to Re-enter. Do I need to use EAD?


csriram45
12-28-2009, 07:28 PM
I am a bit confused and would like to have some clarifications. My company lawyers respones are confusing.

Both my wife and I are on h1. We went to India for vacation and used our AP to come back. Can we both continue to work on H1 or have to move to EAD?

When I returned I was provided with an I-94 that was valid for 1 year. My H1 I-94 is valid for longer than that. Which I-94 is valid?

When my wife returned the officer at entry told her that i-94 does not apply to her and did not give her an I-94.

I am a bit confused on why the different approach for both of us. We both came via San Francisco.


Do we need any additional paper work since we now used AP? Do I need to fill a new I-9 or something?

sanjay02
12-29-2009, 12:36 AM
Hi
This question has been answered zillion times, plz refer to the earlier posts. You still can use an H1-B , even though you have entered on AP.

csriram45
01-05-2010, 11:17 PM
Thank you for the response but I searched and could not get a correct answer regarding the I-94 being not issues. My wife was not given an I-94 by the officer saying she does not need it. She contacted her lawyers and they are asking her to make an appointment with the local USCIS office and request for one. This seems different from what everybody has been saying here that the I-94 really does not matter. She is still using H1B for employment and is not on EAD yet. Responses appreciated...

ashkam
01-06-2010, 08:29 AM
You can continue to work on your H1B but you will be in parolee status. Not sure about your wife. Not giving her the I94 seems like a mistake by the official.

continuedProgress
01-06-2010, 09:14 AM
You can continue to work using H1 if thats what you prefer.

New I-94s invalidate older I-94s.

No I-94 for your wife doesn't make sense. Hopefully, you can resolve this via USCIS local office. I wonder if leaving and re-entering (Canada/Mexico) will help with getting a new I-94. Folks who actually experienced something similar could comment on the any procedure, if it exists.

csriram45
01-06-2010, 12:10 PM
Thank you for the response, so I guess she her lawyer was correct and will need to go to the local USCIS office and get a new I-94. Even if they do issue a new I-94 its normally for 1 year since its based on a AP, based on various other threads, I presume its still ok if the I94 expires to continue to work even if you are on H1b or EAD correct?

GreenCard4US
01-06-2010, 12:38 PM
Here is my case, I am on H1 and my wife is on H4. I have AP and EAD whereas she does not(missed the July 07 fiasco). I always thought and was told that if I use AP, I lose my H1 and consequently my wife loses H4.

Can I use AP and still be on H1 and my wife her h4? Can my wife still go for visa stamping since she does not have AP while I use my AP? Any help appreciated. Thank you.

nousername
01-06-2010, 02:16 PM
If you use your AP you switch to payroll status and so does your wife. If you continue to work for your sponsored employer then you can renew your H1 when the times come and go had to visa status. I'm in the same boat.

Once you use your AP your wife can not be on H4 as that is a dependent visa, she will also need AP.

Here is my case, I am on H1 and my wife is on H4. I have AP and EAD whereas she does not(missed the July 07 fiasco). I always thought and was told that if I use AP, I lose my H1 and consequently my wife loses H4.

Can I use AP and still be on H1 and my wife her h4? Can my wife still go for visa stamping since she does not have AP while I use my AP? Any help appreciated. Thank you.