Working on EAD, move back to H1B

[savethytrees]

Hi Friends,

I have been researching on this question for a few days now but wanted to clarify it with everyone.

I was working on H1B and received my EAD/AP card. I had H1B approval till 2014.

Last December I went to India and came back, entered US on Advance Parole. I did not have H1B stamp on my passport so decided to use AP.

I would like to go back to H1B and wanted to know my options.

According to my research, all I have to do is go back to India and get H1B stamped based on my H1B approval that is valid till 2014.

Is that all I have to do or should I get another H1B approval?

[AxialTilt]

Baffling to me. Why do you want to go to H1B??? You already have an EAD, why take the risk of going thru stamping torture when you already have a free entry into US?

[savethytrees]

Thanks for your reply. Ever since I came back on AP people have been making me paranoid that I should be on H1B as a backup in case 485 gets rejected. Honestly, if that happens its the end of my immigration road. But was pondering over the possibilities of moving back to H1B. From other forums and some USCIS memos I have come to know that if I wish then I can certainly do that.

The next time I apply for H1B extension based on my previous H1B approval, I will go back to H1B or I can go to India and get H1B stamped (if I wanted to). I know I returned on AP just to avoid the stamping. But good to know that I can apply for extension of H1B and return on H1B status without actually leaving the country. Strange!!!!

[Belle]

You need to read Cronin memo.

[lucky420]

You can go back to H1B by going to India and getting H1B stamped.

I did the same thing few years back. I used my EAD and hence lost H1B status. But my visa and stamp were still valid. So I just made a retrun trip and entered in H1B.