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Profile: ttls
Name: ttls Offline
Joined: Wednesday, November 13, 2013(UTC)
Last Visit: Monday, July 21, 2014 11:14:47 AM(UTC)
Number of Posts: 2
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Topic: Re-entry on AP versus H-1B   Go to last post
Posted: Tuesday, January 28, 2014 3:16:35 PM(UTC)
Thanks Amazon for your responses.

I didn't have a valid H1-B stamp in my passport while re-entering; so I ended up using my AP. I did have long discussions with my lawyer before doing this though.

For the benefit of anyone else having this question: Merely re-entering the US based on an AP does not invalidate one's H1-B status. In fact, even after re-entering on an AP, one's H1-B visa can still be renewed (if all the other criteria allow for it). The only practical thing to know about entering on an AP is that CBP sends you for "additional processing" at the airport, and there is a wait for it. In my case, I wasn't really asked any questions or anything, but had to wait my turn (for about an hour) on a day that was particularly busy for the CBP officers.
Topic: Re-entry on AP versus H-1B   Go to last post
Posted: Friday, December 20, 2013 4:28:06 PM(UTC)
EB2-India
EAD/AP approved, I-485 pending
H-1B valid till July 2014

I'm hearing that even if I leave the US and re-enter using my AP, the H-1B can still be renewed/transferred later on, if desired. Is that correct? This means that re-entry using AP would not automatically invalidate my H-1B status.

Does re-entry using AP complicate any future employer change under AC21 (if I-485 is pending for at least 180 days after filing)?

Does re-entry using AP complicate the situation in case of a layoff less than 180 days after I-485 filing?

Thank you!
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