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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 11-04-2008, 03:57 PM
gcdreamer05 gcdreamer05 is offline
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Default H1b will expire and no stampin, EAD not yet applied, can one come back using AP alone

Hi folks,

My h1b will expire in 2 months, i am with my same employer and have not applied for EAD, i did apply for 485 which is pending for 1+ year. After i come back from vacation i will be with same employer on same h1b (approved 797 but no stamp in passport).

My question is, i am going to india on a short trip and will try to get stamping, but if there is any PIMS delay or some problem that i could not get stamped, can i apply for Advance Parole now.

Has anyone returned back to US without a stamped h1b visa, having approved 797 and with a AP (no EAD).

Also the attorney is askign for 400$ filing fees, if i file by myself , will there be any problem because i had signed G28 form making my attorney to represent me for my 485 filing.

Please share your thoughts.

Thanks

Last edited by gcdreamer05; 11-04-2008 at 03:58 PM. Reason: moer details
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  #2  
Old 11-04-2008, 06:45 PM
LostInGCProcess LostInGCProcess is offline
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Priority Date
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Dec-06
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I140 Mailed Date
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12/13/2006
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I485 Mailed Date
:
07/13/2007
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Quote:
Originally Posted by gcdreamer05 View Post
Hi folks,

My h1b will expire in 2 months, i am with my same employer and have not applied for EAD, i did apply for 485 which is pending for 1+ year. After i come back from vacation i will be with same employer on same h1b (approved 797 but no stamp in passport).

My question is, i am going to india on a short trip and will try to get stamping, but if there is any PIMS delay or some problem that i could not get stamped, can i apply for Advance Parole now.

Has anyone returned back to US without a stamped h1b visa, having approved 797 and with a AP (no EAD).

Also the attorney is askign for 400$ filing fees, if i file by myself , will there be any problem because i had signed G28 form making my attorney to represent me for my 485 filing.
1. AP is a travel document and can be used to re-enter US. You can continue to work on H1 with the current employer even though you may have used AP to enter the US.

2. You can apply yourself. If you do a search on this forum for "how to apply AP", you would get lot of information, and step-by-step instruction for applying AP. Its easy and you don't need an attorney for that. In your case the G28 is only for your I-485, since you applied only I-485 thru an attorney.
And each AP or EAD is a new application to USCIS and if you don't submit G28, you essentially are not being represented by anybody, for that particular application.

3. The time frame to get an AP is now around 5 months...i may be wrong, but that an average.

4. You cannot leave the country once you apply your AP, until its approved and received by you.
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  #3  
Old 11-05-2008, 11:35 AM
gcdreamer05 gcdreamer05 is offline
Senior Member
Priority Date
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Dec-05
Category
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EB2
I140 Mailed Date
:
12/09/2005
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/15/2007
Compare
Join Date: May 2008
Posts: 433
Blog Entries: 1
gcdreamer05 is a splendid one to behold gcdreamer05 is a splendid one to behold gcdreamer05 is a splendid one to behold gcdreamer05 is a splendid one to behold gcdreamer05 is a splendid one to behold gcdreamer05 is a splendid one to behold gcdreamer05 is a splendid one to behold gcdreamer05 is a splendid one to behold
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Thanks LostInGCProcess, should i wait to get my current h1b extension approved or shall i go ahead to apply for AP just showng the pendign h1 extension receipt, or does it really not matter at all.
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  #4  
Old 11-05-2008, 11:47 AM
LostInGCProcess LostInGCProcess is offline
Senior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
12/13/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/13/2007
Compare
Join Date: Jun 2008
Posts: 523
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Quote:
Originally Posted by gcdreamer05 View Post
Thanks LostInGCProcess, should i wait to get my current h1b extension approved or shall i go ahead to apply for AP just showng the pendign h1 extension receipt, or does it really not matter at all.
Yes you can apply AP, as long as you have filed your I-485 and is pending. It has nothing to do with your H1.
Since your employer has filed for an H1 extension, you are in H status. So, in the application if there is any question regarding the current status, you have to mention as H1b and the receipt number would suffice.
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