Questions on AP - Travel Between Jobs

[dineshnm]

My H1B and my wife's H4 were scheduled to expire in Aug of 2013. I lost my job and my employment ended on May 29, 2013. My EAD and AP expire in April of 2015. Now, there is a need to travel to attend a family event in India. 

 

1) Can I travel to India and come back with AP if I have an offer letter in hand (while entering U.S.) from a new company? Specifically, is it enough if I just have the offer letter but have not started working yet as of re-entry? I wouldn't have any pay statements from the new employer. I am also assuming that the offer letter is not required while going from U.S. to India. 

2) While traveling with AP, is there any process (such as H1B stamping) that I should be aware of?

3) What happens to the H1B and H4? My understanding is that they are invalid beginning May 30, 2013 (after my employment with the employer who sponsored the H1B/H4 ended). Please confirm.

4) Do I need to transfer my H1B/H4? Is this a required step since I already have valid EAD/AP?

5) My understanding is that I (or the new employer) need to update my Green Card application process with the new employer's name and details. Am I correct? Is there anything else?

 

Thanks for your help.

[pontevecchio]

1. You can travel and return on the basis of the AP.  A job offer letter is not required. The POE Officer will confirm the validity of your AP and send you to secondary Inspection where you will be paroled in. Answer any questions asked truthfully. Answer only questions asked. THE AP cannot ordinarily be overridden by the POE Officer as it is issued under the authority of the AG.

 

2. Since you have no job how do you intend to get a H1 visa? Not required.

 

3. You will be awaiting AOS on return and will not be in H1 status though you can go back to H1 status if you find an employer.

 

4. see 3.

 

5. Not always and not necessarily.

 

You should do yourself a favor and discuss your situation with say the firm of Murthy or any of your choice. You can return on AP even if you are not employed. What is the situation with your GC sponsor?

[dineshnm]

I sincerely thank you for the response. 

 

I don't have an offer yet, however I am very close to receiving one in a few days. But I need to travel as soon as possible. 

 

My questions related to H1B are assuming that I land an offer. Will AP be sufficient? I have read in some places that H1B is preferred over working with EAD. If I use EAD to get employed, I am assuming that I can't apply for transfer of H1B later. 

 

My GC sponsor was my previous employer. 

 

Thanks again for your response. Very helpful.

[pontevecchio]

AP is merely a re-entry document. EAD is the work authorization. It is fine to use EAD to work. If you are post 180 days AOS filing you can use AC21 to get a similar job . EAD cannot be rejected by any employer in the USA. On the other hand An employer cannot be forced to file a H1 petition for you.