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Fuzzymiss

Which visa is valid?

By Fuzzymiss in Adjustment of Status from Work, Student, & Tourist Visas

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Fuzzymiss Contributor

Fuzzymiss   2

Posted
Filed: Citizen (apr) Country: United Kingdom
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Posted

Hi,

I originally came to the US on an H1B visa, and married last year and began AOS. My H1B visa is still valid until April 09, but I have been approved for my EAD. Up til now I understood that I could come and go on my H1B and visit home with no problem.

Because I now have EAD does this in any way cancel out the H1B? I'm just curious as I didn't file for AP at the same time as AOS (wasn't eligible) and I don't want to be stuck here or vice versa try to go home and come back and screw everything up.

cheers

Applying for Citizenship

17th January 2012 Sent in N-400 application

24th January 2012 Received conformation e-mail from USCIS

25th January 2012 Cheque cashed

13th February 2012 Biometrics appointment

5th March 2012 Received e-mail I am in line for interview scheduling

8th March 2012 Received letter for interview

12th April 2012 Interview date-approved

10th May 2012 Oath ceremony

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Otto Grand Master

Otto   83

Posted
Filed: Lift. Cond. (apr) Country: Germany
 Timeline
Posted
Hi,

I originally came to the US on an H1B visa, and married last year and began AOS. My H1B visa is still valid until April 09, but I have been approved for my EAD. Up til now I understood that I could come and go on my H1B and visit home with no problem.

Because I now have EAD does this in any way cancel out the H1B? I'm just curious as I didn't file for AP at the same time as AOS (wasn't eligible) and I don't want to be stuck here or vice versa try to go home and come back and screw everything up.

cheers

The EAD is not a visa (not good for travel) so I'd hang on to the H1B. :thumbs:

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Fuzzymiss Contributor

Fuzzymiss   2

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
  • Author
Posted
Hi,

I originally came to the US on an H1B visa, and married last year and began AOS. My H1B visa is still valid until April 09, but I have been approved for my EAD. Up til now I understood that I could come and go on my H1B and visit home with no problem.

Because I now have EAD does this in any way cancel out the H1B? I'm just curious as I didn't file for AP at the same time as AOS (wasn't eligible) and I don't want to be stuck here or vice versa try to go home and come back and screw everything up.

cheers

The EAD is not a visa (not good for travel) so I'd hang on to the H1B. :thumbs:

So the H1B is still valid and I could come and go on that? It doesn't get cancelled or superseded by the EAD?

Applying for Citizenship

17th January 2012 Sent in N-400 application

24th January 2012 Received conformation e-mail from USCIS

25th January 2012 Cheque cashed

13th February 2012 Biometrics appointment

5th March 2012 Received e-mail I am in line for interview scheduling

8th March 2012 Received letter for interview

12th April 2012 Interview date-approved

10th May 2012 Oath ceremony

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Mint518 Explorer

Mint518   0

Posted
Filed: AOS (apr) Country: Japan
 Timeline
Posted
Hi,

I originally came to the US on an H1B visa, and married last year and began AOS. My H1B visa is still valid until April 09, but I have been approved for my EAD. Up til now I understood that I could come and go on my H1B and visit home with no problem.

Because I now have EAD does this in any way cancel out the H1B? I'm just curious as I didn't file for AP at the same time as AOS (wasn't eligible) and I don't want to be stuck here or vice versa try to go home and come back and screw everything up.

cheers

The EAD is not a visa (not good for travel) so I'd hang on to the H1B. :thumbs:

So the H1B is still valid and I could come and go on that? It doesn't get cancelled or superseded by the EAD?

I think so. My understanding is UNLESS your H1B becomes invalid (laid off from the current employer or expiration day arrives) or you chose to use EAD (have 2nd job or change employer w/o transfering H1B), H1B continues to be valid and can be used for international travel without obtaining AP. (I have not confirmed with an immigration attorney, so please correct me if my understanding is not correct).

I am also adjusting from H1B (effective until the end of this September) and have not applied for AP. But I would probably apply for AP at the end of June (3 months before the expiration of H1B) if my interview will not be scheduled by then as approval of AP seems to take 3 months and I do not want to be stuck in the US during family emergency, etc.

AOS from H1B

[AOS Timeline of Dec.'08 Filers], [JV Thread for Dec.'08 AOS Filers]

12-17-08: I-130/I-485/I-765 sent to Chicago Lockbox via USPS

12-18-08: I-130/I-485/I-765 delivered

12-29-08: Received 3 NOAs (dated 12-24-2008)

12-29-08: Checks cashed

1-5-09: Received Biometric appt. notice (dated 12-30-2008)

1-20-09: Biometric done

2-17-09: Received interview appt. letter (dated 2-12-2009)

3-5-09: Received EAD (dated 2-28-2009)

4-6-09: AOS Intervew @NYC

4-13-09: Received welcome letter (dated 4-8-09)

4-18-09: Received GC (dated 4-13-08)

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alexpapa Enthusiast

alexpapa   4

Posted
Filed: AOS (pnd) Country: South Africa
 Timeline
Posted
Hi,

I originally came to the US on an H1B visa, and married last year and began AOS. My H1B visa is still valid until April 09, but I have been approved for my EAD. Up til now I understood that I could come and go on my H1B and visit home with no problem.

Because I now have EAD does this in any way cancel out the H1B? I'm just curious as I didn't file for AP at the same time as AOS (wasn't eligible) and I don't want to be stuck here or vice versa try to go home and come back and screw everything up.

cheers

The EAD is not a visa (not good for travel) so I'd hang on to the H1B. :thumbs:

So the H1B is still valid and I could come and go on that? It doesn't get cancelled or superseded by the EAD?

I think so. My understanding is UNLESS your H1B becomes invalid (laid off from the current employer or expiration day arrives) or you chose to use EAD (have 2nd job or change employer w/o transfering H1B), H1B continues to be valid and can be used for international travel without obtaining AP. (I have not confirmed with an immigration attorney, so please correct me if my understanding is not correct).

I am also adjusting from H1B (effective until the end of this September) and have not applied for AP. But I would probably apply for AP at the end of June (3 months before the expiration of H1B) if my interview will not be scheduled by then as approval of AP seems to take 3 months and I do not want to be stuck in the US during family emergency, etc.

Correct, if you want your H1/L1 to remain valid and run its course then do not use the EAD. The day you do, your work visa becomes invalid.

03/01/2007 - POE - JFK (L-1 Visa)

01/15/2008 - Proposed

03/15/2008 - Married

09/02/2008 - Sent AOS Package (I-130, I-485, I-693)

09/03/2008 - Received - Signed by SMITH

09/04/2008 - Checks deposited

09/10/2008 - Checks cleared ($1010 + $355)

09/12/2008 - 2 NOA's received (I-130, I-485) - Dated 09/08/08

09/16/2008 - Received notice for biometrics appointment on 09/30/2008

09/20/2008 - Biometrics done - Walk in (Orlando) Took 10 minutes

09/22/2008 - I-485 viewable online (pending, of course)

09/30/2008 - Biometrics Appointment (2pm)

12/30/2008 - Received Interview Letter

02/25/2008 - Interview

03/06/2008 - Welcome Letter received (the website will clearly never send me updates!)

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Fuzzymiss Contributor

Fuzzymiss   2

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
  • Author
Posted
Hi,

I originally came to the US on an H1B visa, and married last year and began AOS. My H1B visa is still valid until April 09, but I have been approved for my EAD. Up til now I understood that I could come and go on my H1B and visit home with no problem.

Because I now have EAD does this in any way cancel out the H1B? I'm just curious as I didn't file for AP at the same time as AOS (wasn't eligible) and I don't want to be stuck here or vice versa try to go home and come back and screw everything up.

cheers

The EAD is not a visa (not good for travel) so I'd hang on to the H1B. :thumbs:

So the H1B is still valid and I could come and go on that? It doesn't get cancelled or superseded by the EAD?

I think so. My understanding is UNLESS your H1B becomes invalid (laid off from the current employer or expiration day arrives) or you chose to use EAD (have 2nd job or change employer w/o transfering H1B), H1B continues to be valid and can be used for international travel without obtaining AP. (I have not confirmed with an immigration attorney, so please correct me if my understanding is not correct).

I am also adjusting from H1B (effective until the end of this September) and have not applied for AP. But I would probably apply for AP at the end of June (3 months before the expiration of H1B) if my interview will not be scheduled by then as approval of AP seems to take 3 months and I do not want to be stuck in the US during family emergency, etc.

Correct, if you want your H1/L1 to remain valid and run its course then do not use the EAD. The day you do, your work visa becomes invalid.

So I think I'll hold off giving my employer the EAD so I can still travel just in case of emergencies, and I should have my GC interview before the H1B expires. All should be good and legal (crosses fingers)

Applying for Citizenship

17th January 2012 Sent in N-400 application

24th January 2012 Received conformation e-mail from USCIS

25th January 2012 Cheque cashed

13th February 2012 Biometrics appointment

5th March 2012 Received e-mail I am in line for interview scheduling

8th March 2012 Received letter for interview

12th April 2012 Interview date-approved

10th May 2012 Oath ceremony

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  • 2 weeks later...
Phil80 Contributor

Phil80   0

Posted
Filed: Other Country: Canada
 Timeline
Posted
Hi,

I originally came to the US on an H1B visa, and married last year and began AOS. My H1B visa is still valid until April 09, but I have been approved for my EAD. Up til now I understood that I could come and go on my H1B and visit home with no problem.

Because I now have EAD does this in any way cancel out the H1B? I'm just curious as I didn't file for AP at the same time as AOS (wasn't eligible) and I don't want to be stuck here or vice versa try to go home and come back and screw everything up.

cheers

The EAD is not a visa (not good for travel) so I'd hang on to the H1B. :thumbs:

So the H1B is still valid and I could come and go on that? It doesn't get cancelled or superseded by the EAD?

I think so. My understanding is UNLESS your H1B becomes invalid (laid off from the current employer or expiration day arrives) or you chose to use EAD (have 2nd job or change employer w/o transfering H1B), H1B continues to be valid and can be used for international travel without obtaining AP. (I have not confirmed with an immigration attorney, so please correct me if my understanding is not correct).

I am also adjusting from H1B (effective until the end of this September) and have not applied for AP. But I would probably apply for AP at the end of June (3 months before the expiration of H1B) if my interview will not be scheduled by then as approval of AP seems to take 3 months and I do not want to be stuck in the US during family emergency, etc.

Correct, if you want your H1/L1 to remain valid and run its course then do not use the EAD. The day you do, your work visa becomes invalid.

Does this also apply for TN visas?

Meet in D.C.: Nov 2005

Start Dating: March 2006

Moved down (on TN-1): April 2007

Engaged: July 2008

Married: 03/21/2009

Mailed AOS 04/11/2009

Package received 04/13/2009

Checks Cashed: 4/20/2009

NAO-1: 4/20/2009

Biometrics: 5/9/2009

Advance Parole Issued: 5/20/2009 (Grandma's Funeral, hence why I got it so quickly)

EAD Issued: 5/20/2009

GC Interview: 8/11/2009

Temp GC Issued: 8/11/2009

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