Travel with AP or H1B

[ananthlk]

All

 

I have a valid H1-B since 2001 and have a EAD/AP combo with I-485 pending. I have not availed the EAD and have maintained my H1B. My current H1-B goes until 2016 although is not stamped on my passport. Here are the things I would like to accomplish. I am also in the middle of changing jobs and the new employer will sponsor a H1-B.

 

1) Travel to India between Aug and september

2) Quit my job and change employers once I am back.

 

I would ideally not like to get H1-B stamped and use my AP to comeback. I see the following options. Can someone suggest the pros and cons of the follwing

 

Option 1 : Get my H1-B stamped, the risk being since my employer knows I am changing jobs they are not supportive of this

Option 2: Use my AP to travel in and out. However I am not sure if my new employer can then sponsor a H1-B

Option3 : Use my AP and start using an EAD with my new employer.

 

Other context: My wife is also employed on a H1-B and pending -485

 

Suggestions and or other options please

[pontevecchio]

Unlike the reasoning by the Murthy Law firm I would suggest using AP and EAD unless your  GC sponsor is a DCC. On the other hand your current employer has no way of knowing any facts just because you gort the visa.

[leasonlearned]

Hello,

I am in a somewhat similar situation. I was with Employer "X" till July 2013. "X" was also my GC sponsoring company. While I was with "X", I travelled in and out of US on AP, a couple of times (without issues).

In July 2013, I switched to employer "Y" and successfully transfered my H1B.

Now I am planning to travel in Nov 2013 for my wedding. I have a couple of questions:

 

1) Do I still need to go for H1B stamping? Or can I return using AP and countinue to work for "Y" on H1B?

2) If I went for stamping and lets say I get stuck or denied, can I then come back on AP?

 

Needless to say, I need to maintain my H1B employment status for my wife to be here legally on H4.

 

Please advise. Thanks!!!

[pontevecchio]

1. It would seem that you need a H1 visa to return so that your spouse can come over in H4 status.

2. In order to avoid being stuck discuss the issue with your Lawyer and take all necessary documents as advised by him.