Maintaining H1-B status with I485 filed as dependent


susmita410

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My husband’s PR case is now current with the January 2012 visa bulletin. He will apply I485 AOS for me as his dependent. Along with I485 he will apply for EAD and AP.

I am on H1-B with valid till Feb 2014 (I do not have H1-B VISA stamping in my passport, but valid I94 for H1-B upto Feb 2014)

  1. What will be my status if I get EAD? H1-B or EAD
  2. If I travel on AP, what will be my status after return? H1-B or EAD
  3. If I travel on AP, do I need to return all I-94’s to Flight Agents?
  4. How can I maintain my H1-B status until I get Green card.

Thanks,

Susmita

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Just getting an EAD doesn't change the status.

If you use the EAD to work, e.g., for somebody other than your H1 employer, then you would no longer be on H1, since working for somebody else breaks the H1 rules.

If you enter on AP, you are a parolee. That means you are no longer on H1, and would have to use the EAD to work.

And all I-94s need to be surrendered when you travel abroad.

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