EAD and AP valid for a few days

[kumar134]

My EAD / AP combo card is valid till April 20.

I intend to travel and return back by April 10.

I have applied for renewal of AP and EAD card.

Is it OK to enter on AP with only a few days validity in both EAD and AP?

I am on H-1B status now and this will be the first time entering with AP.

When I enter on AP, since I move to EAD status automatically,

how many days will my I-94 be valid?

Thanks for your help.

[Belle]

You can enter on any day your AP is valid. If you have an approved H1 petition and you work for the employer, you would be considered in H1 status.

[nrao9]

You can enter on any day your AP is valid. If you have an approved H1 petition and you work for the employer, you would be considered in H1 status.

He Belle, is it true that a person with valid H1B petition (with no valid VISA) and working for the same employer, after using AP for re-entry, is still considered to be on H1B? please confirm. thanks.

[kumar134]

Thanks Belle. My H1 papers (approved I-797) are valid till 2015 (not stamped in passport).

Do you mean, even If I use AP to enter US, I can remain on H1 status?

Will I be asked for my H1 papers at the port of entry in addition to AP?

I have been working for the same employer (who sponsored my current H1) for the past 5 years.

[Belle]

Yes, you will be considered in H1 status by the USCIS after entry on AP if you have a valid H1 apporoval. The H1 approval is not needed for AP entry. They won't be admitting you into H1 status, but will parole you based on AP and pending I-485.

[Attorney_25]

It is not correct that when you enter on AP you move to "EAD status" as an EAD never provides any kind of status. EAD is only a work authorization document. You will in fact be in "parole status," which is not considered a real "status" under immigration legal terminology. There is a special provision that will allow a person who has been paroled in to use their H-1B to work, and to "extend" their H-1B status. However, during the period before a new H-1B I-94 is issued, the person cannot be considered to be in "H-1B status." They would merely be using their H-1B as a work authorization document.

All of this is based on a memo issued by USCIS, and is not clearly based on anything in the law.

[mma1709]

why dont you get your h1 stamped and enter on h1?

[kumar134]

Thanks Belle, and Attorney for your replies.

> why dont you get your h1 stamped and enter on h1?

I just wanted to avoid spending time and fees, on H1-B stamping.