Received EAD, going to India. Should I get H1B stamped?


filya

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My wife and I received our EAD cards in May this year. My H1B expired last year and I got it renewed until 2014. My wife's H1B has expired and is currently in the process of getting renewed.

We will be going to India in October for a month. Is it a good idea to come back to US on advanced parole without stamping our H1Bs? I have heard it is a good safe practice to get H1B stamped and continue working on H1B instead of using your EAD. If that is true, how important is it to get the visa stamped?

Could someone explain benefits/disadvantages of stamping H1B vs not returning on advanced parole?

Thank you.

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filya,

It all depends on your personal situation.Are you a full time guy or into contracting?If contracting how many vendors between you and the end client?Whats the possibility of your I485 getting denied.Whats the possibility of getting your visa stamped.

Personally, as long as your I485 is valid and there is no reason for the 485 denial, you can use your EAD/AP.

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Thanks for the reply ImmigrationSeeker.

I am working as a contractor and currently have 2 vendors between me and the end client.

I don't know if I can answer about my chances of getting a 485 denied or my visa stamped :( That is the reason I am asking this question out here. I need to know what is a relatively safer option.

If it matters at all, on my return back here, my client company wants to offer me a full time job. They are willing to get my AC-21 transferred and even my H1-B transferred.

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Thanks for the reply ImmigrationSeeker. I am working as a contractor and currently have 2 vendors between me and the end client. I don't know if I can answer about my chances of getting a 485 denied or my visa stamped :( That is the reason I am asking this question out here. I need to know what is a relatively safer option. If it matters at all, on my return back here, my client company wants to offer me a full time job. They are willing to get my AC-21 transferred and even my H1-B transferred.

Personally, i would not encourage to go for stamping if you have two vendors in between unless you can get the client letter and all the related documents from all the vendors.

You can always use your AP to come back.You can switch back to H1 once you get back here or continue to use EAD.

EAD is essentially safe(much like having a GC). Unless there is a fraud or something potentially wrong, the chances of I485 getting rejected are slim.

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I see your point. Though I have had 2 vendors every time I have had my H1B stamped (3 times until now), I know they are getting strict about it nowadays.

You can switch back to H1 once you get back here or continue to use EAD.

Does this mean I will not be on H1B status when I get here? I thought I will always be on H1B unless I specifically ask my company to switch me to my EAD. As safe as it might be, there is always a slight chance of something going wrong, and I don't feel like taking it.

What's the process of switching back to H1B once I get here?

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There is a lot of discussion around this and not many know the correct way.

Some groups argue that you can come back and start working on H1.Some groups argue that you will have to file for H1 again once you com back.I dont know either. You will have contact an attorney or somebody else on these forums have to pitch in.

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