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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  
Old 12-15-2008, 12:20 PM
rsrikant rsrikant is offline
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Default AP renewal pending and I-94 about to expire

Hi,

I wanted to now how you guys are going about AP and I94 renewals.

If we use AP to come to US, then our I-94 is valid only for 1 year i.e till AP expires.. So, if we apply for AP renewal, what will happen to I-94? Do we need to renew it? If yes, what is the procedure?

And, If we have a valid H4 visa for 2 more years but started working on EAD, when we enter into US, do we need to use AP for sure or can use H4 as it is still valid? If we use H4, will our EAD become invalid?

Please let me know.

Thanks,
Srikanth
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  #2  
Old 12-15-2008, 12:27 PM
fromnaija fromnaija is offline
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Default

Even though your AP I-94 has a validity of one year, you are in legal status as long as your I-485 is still pending. I don't know why they give only one year validity - another stupid procedure that makes no sense to me!

IF you have H4 and have a valid visa stamp in your passport or can obtain a visa stamp abroad, then you could use that to re-enter and it will not invalidate your EAD. However, using EAD technically puts you out of H4 status into AOS_pending status. But re-entering with a H4 visa stamp will put you back into H4 status.
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  #3  
Old 12-15-2008, 01:06 PM
krishna_brc krishna_brc is offline
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Default No need to go out of the country

In your case I-94 expiry doesn't matter as long as I-485 is pending.

However if you use AP and want to maintain H4 status then you should
reinstate your H4. No need to go out of the country and get a visa stamp.
After reinstating you will get new I-94 which puts back to H4 from AOS.

Thanks,
Krishna

Last edited by krishna_brc; 12-15-2008 at 05:20 PM.
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  #4  
Old 12-15-2008, 05:29 PM
sameet sameet is offline
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Default Reinstate ???

Quote:
Originally Posted by krishna_brc View Post
In your case I-94 expiry doesn't matter as long as I-485 is pending.

However if you use AP and want to maintain H4 status then you should
reinstate your H4. No need to go out of the country and get a visa stamp.
After reinstating you will get new I-94 which puts back to H4 from AOS.

Thanks,
Krishna

Can you clarify what you mean by reinstate? Is there some procedure/form for doing so? My H1B is valid until 2010. Hence the question.
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  #5  
Old 12-15-2008, 05:32 PM
fromnaija fromnaija is offline
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Default

Quote:
Originally Posted by sameet View Post
Can you clarify what you mean by reinstate? Is there some procedure/form for doing so? My H1B is valid until 2010. Hence the question.
There is no procedure for reinstate H1 if you merely used AP to re-enter the US and remained with the same H1 employer. You do not need to do anything.
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"All the problems we face in the United States today can be traced to an unenlightened immigration policy on the part of the American Indian."
- Pat Paulsen
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  #6  
Old 12-15-2008, 05:57 PM
krishna_brc krishna_brc is offline
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Quote:
Originally Posted by fromnaija View Post
There is no procedure for reinstate H1 if you merely used AP to re-enter the US and remained with the same H1 employer. You do not need to do anything.

Reinstating H1 in other terms is extending H1 which way you will get new I-94with the H1 approval.
Many people have done this.

I personally have travelled back to US using AP while on H1, extended my H1 and got the new I-94.
(Never used EAD though)

Thanks,
Krishna

Last edited by krishna_brc; 12-15-2008 at 06:02 PM.
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  #7  
Old 12-15-2008, 06:00 PM
krishna_brc krishna_brc is offline
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Quote:
Originally Posted by sameet View Post
Can you clarify what you mean by reinstate? Is there some procedure/form for doing so? My H1B is valid until 2010. Hence the question.
Reinstating is Extending current H1.

Last edited by krishna_brc; 12-15-2008 at 06:05 PM.
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