Travel on AP with valid H1B?

[areddy1234]

Hello,

If a person has an EAD and is still continuing on valid H1B, can he travel with an AP card and still be in H1B Status (wtihout stamping).

Thanks,

Areddy.

[pontevecchio]

If you come back on the basis of your AP to come back and join the H1 sponsor it is a tossup whatever some regular posters think. In the past the USCIS has considered some to be in H1 status and others not. Very well known Lawyers on the web have extremely divergent opinions. Hence this could bite you in future unless you have a Lawyer backup. Why do you want to return with the AP and if you do not want the H1 visa why are you not using the EAD?