travelling on AP, or on H1 visa?

[mrs.sr 0]

Hi all!

After we apply for AP and EAD (this month), I'm wondering if my husband should travel on the AP (when we get it) or on his H1 which is a multiple entry visa that expires Jan 2011. We plan to go to India in June - and we are worried in case its a problem to have both AP and H1, when we consulted a lawyer he said it is better to travel on H1 because it is a "safety net" for AP so you should always travel on the H1 - but since H1 expires anyway in Jan '11 (and its the 6th year) it is not *really* much of a safety net, plus we were worried to travel so close to the expry of the H1, and having problems coming back - what are your experiences?

Thanks much!

-a

[justashooter 430]

Hi all!

After we apply for AP and EAD (this month), I'm wondering if my husband should travel on the AP (when we get it) or on his H1 which is a multiple entry visa that expires Jan 2011. We plan to go to India in June - and we are worried in case its a problem to have both AP and H1, when we consulted a lawyer he said it is better to travel on H1 because it is a "safety net" for AP so you should always travel on the H1 - but since H1 expires anyway in Jan '11 (and its the 6th year) it is not *really* much of a safety net, plus we were worried to travel so close to the expry of the H1, and having problems coming back - what are your experiences?

Thanks much!

-a

your lawyer is an idiot. your husband's AP for AOS effectively nullifies his H1. the AOS is in process, and he is allowed to travel on AP until the AOS is resolved, one way or the other. if he re-enters on H1 that is an invalid use of the visa. if he gets caught and happens to have the AP in his hand and claims ignorance it will prolly be forgiven, but why waste the time? the AP is not a safety net. it is an allowance dependent upon the AOS in process. the H1 is no kind of safety net, at all, as it is no longer of value and should have been replaced by an EAD card by the time you get the AP card.

the only value the H1 will have after EAD and AP is received is in the case that his AOS is denied. in that case he can use the H1 until it's expiration for employment purposes.

[mrs.sr 0]

your lawyer is an idiot. your husband's AP for AOS effectively nullifies his H1. the AOS is in process, and he is allowed to travel on AP until the AOS is resolved, one way or the other. if he re-enters on H1 that is an invalid use of the visa. if he gets caught and happens to have the AP in his hand and claims ignorance it will prolly be forgiven, but why waste the time? the AP is not a safety net. it is an allowance dependent upon the AOS in process. the H1 is no kind of safety net, at all, as it is no longer of value and should have been replaced by an EAD card by the time you get the AP card.

the only value the H1 will have after EAD and AP is received is in the case that his AOS is denied. in that case he can use the H1 until it's expiration for employment purposes.

thx for your response. i was also skeptical about the lawyers advice (it was our first consultation..and we did not decide to hire them). It seemed like what one would do is use AP.