Travelling on AP; should I file H1 to H4 change of status

[ss.mmm]

Hi,

 

I was working on H1B till 2014 Jan with Employer A. After that from 2015 March, I started working with Employer B on my EAD (my husband is the primary and I'm derivative).

Now we are planning to travel outside US using AP.

 

1. Should I explicitly file change of H1 to H4 status before travelling using AP? 

 

Thanks

[Attorney_21]

ss_mmm:

 

You can't file for an H1B to H4 change of status. You are no longer in H1B status because you worked on your EAD card. (unless employer B filed an H1B "transfer" for you, you lost your H1B status at that time).

 

As a result, you are in a "period of authorized stay" only, and don't have any non-immigrant status anymore. 

 

You are limited to EAD and parole.