xfitter Posted November 11, 2014 Report Share Posted November 11, 2014 I have AP and EAD valid until Oct 2015, based on pending EB I-485. My H1B petition is valid until June 2016, however my I-94 is valid only until mid-September 2015 due to my Indian passport expiring in Sep 2015. The H1B visa stamped on my passport already expired in Sep 2013. I would like to travel to India in Dec 2014 and return to US in Dec 2014. I will be in India only for five days, so I don't have the time to stamp H1B visa. I would like to use AP to return to US. My question is that if I use AP to enter US, would I have to work on EAD henceforth or would I be able to continue working on my H1 status even though I used AP to enter US? Please let me know. Thank you. Link to comment
xfitter Posted November 13, 2014 Author Report Share Posted November 13, 2014 I am seeing this link in murthy site, but this is dated 2008. Have things changed? http://www.murthy.com/2008/03/21/effect-of-travel-while-in-h1b-l-1-status-and-pending-i-485/ Experts/murthy attorneys, can you please comment? Link to comment
pontevecchio Posted November 13, 2014 Report Share Posted November 13, 2014 Since you have an EAD in any case there would seem to be no problem . That link still holds good. Why the reluctance to use EAD? Link to comment
xfitter Posted November 17, 2014 Author Report Share Posted November 17, 2014 Thank you, pontevecchio. Link to comment
sampitroda Posted May 25, 2016 Report Share Posted May 25, 2016 I had a follow up on this - When the parolee applies for h1b extension - 1. Is the parolee cap exempt based on previous petition? 2. Does the new h1b petition has to be counselor processing or can be AOS with new I 94? Link to comment
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