Suggestion needed AP or H1?

[immijam]

Guys I really need your suggestions 

I have both H1 as well as a marriage based (AOS), AP/EAD. I am going to travel soon. 

1. Is it better to use AP than H1 for re-entry? I know both are possible, but I just need to figure what I actually should be using. 

2. Even if I enter on AP, can I continue to use H1 for employment? or does that automatically change to EAD? 

 

 

[pontevecchio]

Why do you need to be stuck in H1 status for some more time when you can work on the basis of the EAD for anyone or not work?

[newacct]

5 hours ago, immijam said:

Guys I really need your suggestions 

I have both H1 as well as a marriage based (AOS), AP/EAD. I am going to travel soon. 

1. Is it better to use AP than H1 for re-entry? I know both are possible, but I just need to figure what I actually should be using. 

2. Even if I enter on AP, can I continue to use H1 for employment? or does that automatically change to EAD? 

 

 

1. If you have both an H1b visa and AP, then it's better to enter on H1b visa, which puts you in H1b status, rather than with AP, which puts you in no status. In case your I-485 is denied, you can stay if you have status, but will have to go if you don't. There is no downside to having status compared to not having status; if you are on H1b status you still have the choice to give up H1b status and work on EAD later if you want.

2. If you are paroled, you will not be in H1b status, but according to the Cronin memo you can continue your H1b employment authorization that you have before you left without needing an EAD. You can also use an EAD if you like.

[immijam]

3 hours ago, pontevecchio said:

Why do you need to be stuck in H1 status for some more time when you can work on the basis of the EAD for anyone or not work?

Thank you so much! I think you made perfect sense there. Apart from being stuck there are also potential headaches such as amendments, etc.   

[JoeF]

What Pontevecchio said.

[immijam]

18 hours ago, newacct said:

1. If you have both an H1b visa and AP, then it's better to enter on H1b visa, which puts you in H1b status, rather than with AP, which puts you in no status. In case your I-485 is denied, you can stay if you have status, but will have to go if you don't. There is no downside to having status compared to not having status; if you are on H1b status you still have the choice to give up H1b status and work on EAD later if you want.

Thanks for your suggestion. I was told that this was a good option a few years before, specifically before mid-2017. My AOS is FB and not EB so risk is lower of a denial. In current times there are a lot of unforeseen issues that can stem from being on H1 status. It's become more of a hassle each time anything changes plus have to be restricted to one employer.   

18 hours ago, newacct said:

2. If you are paroled, you will not be in H1b status, but according to the Cronin memo you can continue your H1b employment authorization that you have before you left without needing an EAD. You can also use an EAD if you like.