*** Need Help Urgently - EAD / AP ***

[AT_EAD_SAM]

All,

Following are Green Card process happenings so far :-

Step 1 : I had filled my 1-485 applicaiton and received by USCIS on 3rd Mar'12.

Step 2 : I got my EAD / AP ( Combo Card) on Apr'12.

Step 3 : I got the RFE on I-485 for Medical & Proof of Status on May'12

Step 4 : Submitted the required document and received by USCIS on 27th Jun'12.

Step 5 : I had called USCIS after 2 months ( i.e. on 27th Aug'12) to check whether the RFE

docs are prejudicate or not but they advised that currently Feb'12 application are

under process for results and it will take approx.1 month to take my application.

Current Status : I am on H1b Visa and my Visa is expired on Passport but my I-797 is valid till

2014. I have my EAD/AP as well.

My Question:

1) Per above situation , should I travel to India and come back on AP to USA in order to avoid

H1b Visa stamping hassles and also easy to switch the employer.

or

2) As my I-485 has RFE and could lead to denial ( you never know) , so shall i go for H1b VIsa

Stamping in order to make sure that if denial happens then atleast I would not be OUT OF

STATUS and can continue to work on valid H1b.

Please advise based on my situation. Thanks in advance.

Regards...

[Belle]

1. It's your choice what to use when you come back. Your choice does not impact your ability to switch employers in any way.

2. If there is something serious on your case, it generally would have turned up by now. You already got an RFE, and your case has not been denied after it. There is really no reason to suspect your case will be denied.

[to_vaib]

I think it really doesn't matter because if your 485 gets denied for a legitimate reason then more likely your H1B petition would get denied too. So dont worry and travel on AP, you will be fine.

[sriks78]

Its always good to get your H1B stamped and enter (if possible). Use AP only if you think stamping H1B is risky (for whatever reason).

[shandan]

1) To start using EAD, you do not need to travel and come back, you can just join the new employer on EAD or you can change/update your Employment Eligibility (i-9) with the current employer to be EAD.

2) Having a fall back plan is like buying insurance, it is not a mandate, it is your choice.

[AT_EAD_SAM]

1. It's your choice what to use when you come back. Your choice does not impact your ability to switch employers in any way.

2. If there is something serious on your case, it generally would have turned up by now. You already got an RFE, and your case has not been denied after it. There is really no reason to suspect your case will be denied.

Thanks everyone for the information and help , much appreciated.