Immigration Voice - Forums - Legacy
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Immigration Voice Issues and Congressional updates > All other Green Card Issues
Click to log in with Facebook
All other Green Card Issues I-140/I-485, Family Based Green Card

Reply
 
Thread Tools Display Modes
  #1  
Old 08-21-2007, 05:16 PM
Senior Member
Priority Date
:
Aug-05
Category
:
EB3
I140 Mailed Date
:
02/17/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: Mar 2007
Posts: 139
augustus will become famous soon enough
Default H1-B validity questions upon EAD / AP usage

I probably can find all my answrs if I search, but I am unable to perform the search (the security image with numbers is not visible in my computer, so I am unable to search anything). Please forgive me if I am asking for previously familiar information.

I have H1-B renewal approved until 2010, but I do not have a renewed H1-B stamp on my passport (same for my she does not have renewed H-4 stamp on her passport)

We have currently applied for I-485, EAD and AP. The checks were encashed just recently,

My questions are regarding H1-B validity,

1. Is H1-B still valid, if I travel outside US and re-enter using AP?
2. Can I get my H1-B stamped at a consulate outside US and re-enter US on H1-B without using AP?
3. Is H1-B still valid, if my wife uses her EAD to find employment?
4. If I find secondary emplyment using EAD while I still continue to work for my primary employer - is my H1-B still valid?

Please reply to me if you can help me with the above questions.

Best Wishes!

Last edited by augustus; 08-21-2007 at 06:04 PM.
Bookmark and Share Compare Reply With Quote


  #2  
Old 08-21-2007, 05:23 PM
Senior Member
Priority Date
:
Jul-01
Category
:
EB3
I140 Mailed Date
:
07/28/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
11/30/2004
Compare
Join Date: Feb 2006
Posts: 279
nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute
Default

Quote:
Originally Posted by augustus View Post
I probably can find all my answrs if I search, but I am unable to perform the search (the security image with numbers is not visible in my computer, so I am unable to search anything). Please forgive me if I am asking for previously familiar information.

I have H1-B renewal approved until 2010, but I do not have a renewed H1-B stamp on my passport (same for my she does not have renewed H-4 stamp on her passport)

We have currently applied for I-485, EAD and AP. The checks were encashed just recently,

My questions are regarding H1-B validity,

1. Is H1-B still valid, if I travel outside US and re-enter using AP?
2. Can I renew my H1-B at a consulate outside US and re-enter US on H1-B without using AP?
3. Is H1-B still valid, if my wife uses her EAD to find employment?
4. If I find secondary emplyment using EAD while I still continue to work for my primary employer - is my H1-B still valid?

Please reply to me if you can help me with the above questions.

Best Wishes!
1. H1B is still valid provided you are working with the same employer. You may need to transfer it to a different company, if you want to work for a different employer.

2. What you mean by renew your H1? Do you mean getting a new visa stamp or extending your H1? You can get a visa stamp from a consulate based on your H1 and can enter using the Visa instead of AP.

3. If your wife use her EAD, her H4 will get invalidated and her status will be changed to 'PENDING AOS'. She may need to use only AP to travel outside the US. Your H1 status will not be affected.

4. The moment you use your EAD information to fill I-9 (Employement form) either for part time or for full time, your H1 will become invalid. You and your wife will need AP to reenter US after this.

Thanks
__________________
GC holder since on 6/27/2007
Contributed $100 for Advocacy day
Bookmark and Share Compare Reply With Quote


  #3  
Old 08-21-2007, 05:24 PM
Junior Member
Priority Date
:
Mar-05
Category
:
EB2
I140 Mailed Date
:
05/01/2007
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
07/31/2007
Compare
Join Date: Jul 2007
Posts: 11
strafforddude is on a distinguished road
Default Answered

1. Is H1-B still valid, if I travel outside US and re-enter using AP?
No its not valid
2. Can I renew my H1-B at a consulate outside US and re-enter US on H1-B without using AP?
Yes you can.
3. Is H1-B still valid, if my wife uses her EAD to find employment?
Not sure
4. If I find secondary emplyment using EAD while I still continue to work for my primary employer - is my H1-B still valid?
NO
Bookmark and Share Compare Reply With Quote


  #4  
Old 08-21-2007, 05:27 PM
Senior Member
Priority Date
:
Feb-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 157
cheg will become famous soon enough
Default augustus

Quote:
Originally Posted by augustus View Post
1. Is H1-B still valid, if I travel outside US and re-enter using AP?
H1 will be invalidated once you travel outside US and re-enter using AP. At this point, you will be a 'Parolee'. Your EAD will have to kick in. Now if you're planning to get H1 stamp then you can still retain your H1 status.

Quote:
Originally Posted by augustus View Post
2. Can I renew my H1-B at a consulate outside US and re-enter US on H1-B without using AP?
Yes

Quote:
Originally Posted by augustus View Post
3. Is H1-B still valid, if my wife uses her EAD to find employment?
Once EAD is used her H4 will be invalidated. Your H1 (if you are able to retain it) will remain valid. Your status does not change even if your wife uses her EAD. It will only be her status that will get affected.

Quote:
Originally Posted by augustus View Post
4. If I find secondary emplyment using EAD while I still continue to work for my primary employer - is my H1-B still valid?
Not so sure about this one. I don't know if a primary applicant is allowed to use EAD for a second job. Sorry. Please consult a lawyer just to be sure. Good luck!
__________________
Labor Cert Priority Date: February 2005
I-140 Approved: February 2007
Category: EB3 (Philippines)
I-485/I-765/I-131: Received by R. Williams on July 6 @ 9:18 am
I-485/I-765/I-131: Receipt Notice on Sept. 12, 2007
EAD Status: Approved on 09/21/07
Primary Applicant: EAD card received on 09/25/07
Spouse (me): EAD card received on 09/28/07
AP Status for Primary and Spouse: Approved on 10/22/07
Fingerprinting Schedule: 10/12/07 - Done
Bookmark and Share Compare Reply With Quote


  #5  
Old 08-21-2007, 05:31 PM
Senior Member
Priority Date
:
Jul-01
Category
:
EB3
I140 Mailed Date
:
07/28/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
11/30/2004
Compare
Join Date: Feb 2006
Posts: 279
nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute
Default

Quote:
Originally Posted by strafforddude View Post
1. Is H1-B still valid, if I travel outside US and re-enter using AP?
No its not valid
2. Can I renew my H1-B at a consulate outside US and re-enter US on H1-B without using AP?
Yes you can.
3. Is H1-B still valid, if my wife uses her EAD to find employment?
Not sure
4. If I find secondary emplyment using EAD while I still continue to work for my primary employer - is my H1-B still valid?
NO
1. Is H1-B still valid, if I travel outside US and re-enter using AP?
No its not valid

Not true. Using AP is not going to invalidate your H1, but using EAD will. I told about this several times in various threads.
__________________
GC holder since on 6/27/2007
Contributed $100 for Advocacy day
Bookmark and Share Compare Reply With Quote


  #6  
Old 08-21-2007, 05:34 PM
Senior Member
Priority Date
:
Feb-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 157
cheg will become famous soon enough
Default

It really depends on the person's situation.

In my case, my husband will have his H1 invalidated once we travel outside the US because we won't do H1 stamping so my husband's EAD will have to be used upon our return to continue working for his company.

Quote:
Originally Posted by nlssubbu View Post
1. Is H1-B still valid, if I travel outside US and re-enter using AP?
No its not valid

Not true. Using AP is not going to invalidate your H1, but using EAD will. I told about this several times in various threads.
__________________
Labor Cert Priority Date: February 2005
I-140 Approved: February 2007
Category: EB3 (Philippines)
I-485/I-765/I-131: Received by R. Williams on July 6 @ 9:18 am
I-485/I-765/I-131: Receipt Notice on Sept. 12, 2007
EAD Status: Approved on 09/21/07
Primary Applicant: EAD card received on 09/25/07
Spouse (me): EAD card received on 09/28/07
AP Status for Primary and Spouse: Approved on 10/22/07
Fingerprinting Schedule: 10/12/07 - Done
Bookmark and Share Compare Reply With Quote


  #7  
Old 08-21-2007, 05:34 PM
Senior Member
Priority Date
:
Sep-04
Category
:
EB3
I140 Mailed Date
:
06/20/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/07/2007
Compare
Join Date: Aug 2006
Posts: 419
ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of
Default

nlssubbu gave the correct answers.
__________________
PD Sep 2004 EB3 RIR
LC approved Jan 2007
I-140 approved June 2007
I-485 delivered to NSC 8 August 2007
Receipted at TSC 2 October 2007
Bookmark and Share Compare Reply With Quote


  #8  
Old 08-21-2007, 05:34 PM
Senior Member
Priority Date
:
Jul-01
Category
:
EB3
I140 Mailed Date
:
07/28/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
11/30/2004
Compare
Join Date: Feb 2006
Posts: 279
nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute nlssubbu has a reputation beyond repute
Default

Quote:
Originally Posted by cheg View Post
H1 will be invalidated once you travel outside US and re-enter using AP. At this point, you will be a 'Parolee'. Your EAD will have to kick in. Now if you're planning to get H1 stamp then you can still retain your H1 status.
Not true. I myself used AP thrice to come back to US and still renewed my H1 twice without any issues. Using AP does not invalidate your H1, but using EAD for work will do.
Attention Moderators: Can you please make such EAD / AP question thread sticky so that the same questions and answers need not be repeated again and again?
Thanks
__________________
GC holder since on 6/27/2007
Contributed $100 for Advocacy day
Bookmark and Share Compare Reply With Quote


  #9  
Old 08-21-2007, 05:35 PM
Senior Member
Priority Date
:
Jan-06
Category
:
EB2
I140 Mailed Date
:
06/06/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Mar 2006
Posts: 151
same_old_guy has a spectacular aura about same_old_guy has a spectacular aura about
Default

Suppose someone was on H4, received EAD and moved to AoS/EAD status. Now his H4 is no more valid but he still has H4 visa stamped on his passport.

Now, he goes out of the country and at the point of entry he used old, unexpired H4 to enter the country, i.e., trying to get back to H4 status since his spouse is on H1.

After entering US with H4 status, he again changed his status to AoS/EAD and started working on it.

First off, is it possible at all ? I mean maintaining both H4 ( for entry) and EAD ( for working) ???

Anyone is similar situation ?
Bookmark and Share Compare Reply With Quote


  #10  
Old 08-21-2007, 05:36 PM
Senior Member
Priority Date
:
Sep-04
Category
:
EB3
I140 Mailed Date
:
06/20/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/07/2007
Compare
Join Date: Aug 2006
Posts: 419
ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of
Default

Quote:
Originally Posted by cheg View Post
It really depends on the person's situation.

In my case, my husband will have his H1 invalidated once we travel outside the US because we won't do H1 stamping so my husband's EAD will have to be used upon our return to continue working for his company.
cheg please read subbu's post carefully. EAD has nothing to do with entering the US. To enter the US, you either need an H1B stamp or AP. Even if you enter on AP, you can still use your H1B to work in the US. However, once you use your EAD to work, your H1B becomes invalid and the next time you enter, you HAVE to use your AP.
__________________
PD Sep 2004 EB3 RIR
LC approved Jan 2007
I-140 approved June 2007
I-485 delivered to NSC 8 August 2007
Receipted at TSC 2 October 2007

Last edited by ashkam; 08-21-2007 at 05:39 PM.
Bookmark and Share Compare Reply With Quote


  #11  
Old 08-21-2007, 05:40 PM
Senior Member
Priority Date
:
Sep-04
Category
:
EB3
I140 Mailed Date
:
06/20/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/07/2007
Compare
Join Date: Aug 2006
Posts: 419
ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of
Default

Quote:
Originally Posted by same_old_guy View Post
Suppose someone was on H4, received EAD and moved to AoS/EAD status. Now his H4 is no more valid but he still has H4 visa stamped on his passport.

Now, he goes out of the country and at the point of entry he used old, unexpired H4 to enter the country, i.e., trying to get back to H4 status since his spouse is on H1.

After entering US with H4 status, he again changed his status to AoS/EAD and started working on it.

First off, is it possible at all ? I mean maintaining both H4 ( for entry) and EAD ( for working) ???

Anyone is similar situation ?
It's not possible. Your H4 stamp is invalid once you work on EAD. And why would you need an H4 stamp when you can enter on AP?
__________________
PD Sep 2004 EB3 RIR
LC approved Jan 2007
I-140 approved June 2007
I-485 delivered to NSC 8 August 2007
Receipted at TSC 2 October 2007
Bookmark and Share Compare Reply With Quote


  #12  
Old 08-21-2007, 05:42 PM
Senior Member
Priority Date
:
Feb-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 157
cheg will become famous soon enough
Default ashkam

Like I said, in our case EAD has something to do with entering the US. We won't have H1 stamp or revalidation so my husband will be using EAD to be able to work for his company.

Quote:
Originally Posted by ashkam View Post
cheg please read subbu's post carefully. EAD has nothing to do with entering the US. To enter the US, you either need an H1B stamp or AP. Even if you enter on AP, you can still use your H1B to work in the US. However, once you use your EAD to work, your H1B becomes invalid and the next time you enter, you HAVE to use your AP.
__________________
Labor Cert Priority Date: February 2005
I-140 Approved: February 2007
Category: EB3 (Philippines)
I-485/I-765/I-131: Received by R. Williams on July 6 @ 9:18 am
I-485/I-765/I-131: Receipt Notice on Sept. 12, 2007
EAD Status: Approved on 09/21/07
Primary Applicant: EAD card received on 09/25/07
Spouse (me): EAD card received on 09/28/07
AP Status for Primary and Spouse: Approved on 10/22/07
Fingerprinting Schedule: 10/12/07 - Done
Bookmark and Share Compare Reply With Quote


  #13  
Old 08-21-2007, 05:43 PM
Donor
Priority Date
:
Nov-03
Category
:
EB3
I140 Mailed Date
:
11/01/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/23/2007
Compare
Join Date: May 2007
Posts: 38
chansek is on a distinguished road
Default What if only Dependent AP

Hi All,
Is there any effect on H1B visa validity, If the dependent use the AP at the port of entry.

Thank You.
Bookmark and Share Compare Reply With Quote


  #14  
Old 08-21-2007, 05:44 PM
Senior Member
Priority Date
:
Sep-04
Category
:
EB3
I140 Mailed Date
:
06/20/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/07/2007
Compare
Join Date: Aug 2006
Posts: 419
ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of
Default

Quote:
Originally Posted by cheg View Post
Like I said, in our case EAD has something to do with entering the US. We won't have H1 stamp or revalidation so my husband will be using EAD to be able to work for his company.
Cheg you are not listening. You cannot enter the US on an EAD. An EAD is for work authorization, it is not an entry permit. To enter, you need an AP or an H1B.
__________________
PD Sep 2004 EB3 RIR
LC approved Jan 2007
I-140 approved June 2007
I-485 delivered to NSC 8 August 2007
Receipted at TSC 2 October 2007
Bookmark and Share Compare Reply With Quote


  #15  
Old 08-21-2007, 05:45 PM
Senior Member
Priority Date
:
Feb-05
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 157
cheg will become famous soon enough
Default chansek

It does not affect primary applicant's status. His H1 will remain valid.

Quote:
Originally Posted by chansek View Post
Hi All,
Is there any effect on H1B visa validity, If the dependent use the AP at the port of entry.

Thank You.
__________________
Labor Cert Priority Date: February 2005
I-140 Approved: February 2007
Category: EB3 (Philippines)
I-485/I-765/I-131: Received by R. Williams on July 6 @ 9:18 am
I-485/I-765/I-131: Receipt Notice on Sept. 12, 2007
EAD Status: Approved on 09/21/07
Primary Applicant: EAD card received on 09/25/07
Spouse (me): EAD card received on 09/28/07
AP Status for Primary and Spouse: Approved on 10/22/07
Fingerprinting Schedule: 10/12/07 - Done
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Similar Threads
Thread Thread Starter Forum Replies Last Post
I-94 Validity !!! forumuser1 Non-Immigrant Visa 3 01-29-2010 10:09 PM
I-94 Validity !!! forumuser1 Non-Immigrant Visas 2 01-29-2010 09:38 PM
PERM - Approved Labor Certification Validity for LC's with an Ending Validity Date th Blog Feeds Recent Blogs 0 11-08-2009 04:30 PM
H4 Validity when EAD already used. punjabi77 Work/Travel options after 485 : H1 Versus EAD/AP 5 12-30-2008 12:18 AM
H1-B validity columbus Non-Immigrant Visas 3 07-05-2007 06:47 PM



All times are GMT -4. The time now is 08:22 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 3.3.0 (Unregistered)
(c)ImmigrationVoice.org