Company Acquired - I-485 Pending - Valid EAD/AP - H1-B Filing


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Hi,

 

I have a pending I-485 application which was applied in March 2011. I currently have an EAD/AP card which I have used it on my last return to U.S. in March 2014. EAD/AP is valid until April 2017. My company got acquired in August 2015 and from January 2016 the parent company has taken over all assets like payroll, immigration etc.

 

Though I have a valid EAD/AP, the parent company has filed me an H1-B last week via premium processing. I was told that nothing would happen to my EAD/AP and I should keep renewing it as I did before. They also said that an AC21 doesn't need to be submitted. Now I am travelling to India in February and they recommend me to get my visa processed when I go to India. They claim that the visa processing is not mandatory due to my EAD/AP status but  anyways they recommended to get my H1 visa processed. But I don't want to go for visa stamping because I already have my EAD/AP card and have used it earlier. I want to know if it will be fine to visit India and return on EAD/AP status without issues.

 

Is anyone able to answer this as a company acquisition is involved? Please let me know.

 

Thanks!

GC110

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  • 4 weeks later...

I am not an expert but i would recommend you follow your attorney's advise. 

 

In the worst case scenario, If your 485 gets denied, though you have a valid H1 you will need to leave the country immediately and get a visa stamp to re enter country. i guess this applies to your family members too. I guess visa fee is 190 or so in India which heed my word is far more cheaper compared to the stress when you are caught on the wrong foot :-)

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