Travelling on EAD for first time with H1B completed 6 yrs

[Newmember26]

To Murthy firm members and senior members,

Myself and my husband have pending I-485 at USCIS applied sometime in May 2012. We got EAD-AP in May 2012.

My husband is the primary applicant. His H1B 6 yrs duration is completed and I believe based on pending applications we are getting H1B extensions. His current H1b extension validity is till Nov 2013 but H1B stamp on his passport is expired. He is not yet using his EAD.

I was on H1B for last 1.6yrs, before H1B, was on H4. Now from last 2 months I started using EAD. So I have abandoned my H1B.

Now we want to travel to India for 3-4 weeks in December. my questions & concerns are:

1. Which is best option EAD/AP or H1B for my husband to use while returning back to US?

2. Going for stamping and entering on H1B in case of my husband will it make difference considering his 6yrs is completed compared to entering on EAD-AP?any advantage coming on H1b over EAD/AP? which is safe?

3. Can he come back on H1B ( if he gets H1B stamp) and me on EAD? i.e., Can I enter on EAD when he is not using EAD to enter?

4. What is the difference between EAD and AP.

5. Can he enter on AP without activating his EAD? if so, does that mean he is back on his H1B status after entering( with no H1B stamp)?

Request for some answers. Appreciate your help.

Thanks

[pontevecchio]

1. AP is the way to go. Why waste time, money and aggravation on getting a H1 visa?

2. No advantage either way.

3. Yes. Why this fixation on the H1 status for him?

4. EAD is unrestricted work authorization and not related to travel. AP is permission by the AG to come back to resume your AOS application.

5. No. Again I ask, why the fixation with H1 status?

[Newmember26]

Thank you for the reply.

H1B fixation thought is for:

> if in case, bad luck our GC process gets into problem then if we are in EAD (where we would have abandoned H1B by entering using EAD) then we will not have any chance and time to try again. Other way if he still tries to have H1B status and his company gets it renewed till a decision is made on I-485, I believe that's safe. Is my understanding wrong here? will it not matter in our case where 6yrs is completed?

> Also another fear, if there is loss of job then in our case what makes us have some option?H1b or EAD?

> Also when both are on EAD and if renewal of EAD doesn't come in time both wont be able to work.

So on the 5th Q&A: So once he enters using AP, that means he is on EAD & no more H1B?

Thanks

[pontevecchio]

AOS is denied only for fraud. If your AOS is denied you are no longer eligible for H1 extensions beyond the already approved time. It does not help you.