Using AP will activate EAD ?

[immigrationnetwork]

I have my EAD/AP combo card with me, I am travelling abroad and I don't have a valid H1B visa stamping. If I use my AP to come back to USA will that activate my EAD and cancel my H1B?

[rshah]

Nope it will not

[my2239]

Good Question

Attorney Murthy answered this question some time back

Firstly,

From what I can remember, infer

1) It is advisable (NOT a rule) to use EAD if you want to work once you enter on AP

2) However, simply using the EAD will not effect your H1 petition

Which means the H1 petition remains valid, just that you will not be on H1 status instead you will be a parolee, be authorized to stay as an applicant who filed 485 that is pending with the USCIS

3) The onus of filling an I 9 form to switch from H1 to EAD does not necessarily rest on the employer or employee although it is highly recommended that the employee does it

4) In future visits it is very much possible to use your H1 stamp (new) to reenter and that will get you back on H1 status

[kalyan_ac]

YES