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I-485 Discussion Forum
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IS EAD triggered automaticall if one uses AP to reenter?

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Posted by saanaj (285)   30 Jan 2009
If one has an approved EAD, and AP and H1B -I797A (approval)(not stamped), and one chooses to enter US on AP.
Is EAD automatically triggered here?

I hear that the legal status becomes "parolee" So if one does not do "anything to change the status from parolee" :
What will happen if the underlying I-140/I-485 has potential problems? Is this a safe option?

Should one change to the "H1' Status, How is this done?
Some clear directions would help us a lot as we are planning to travel with AP and one of us have H1B-not stamped (derivative of beneficiary).

Thank You.
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Posted by kansas1 (1117)   30 Jan 2009
to saanaj:

AP entry by H1 and L1 holders and if they continue to work for their H/L sponsor, their H1/L1 petition is still valid, and H1/L1 time limit clock (towards 6 years or L1's 5/7 years) will still be going.
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Posted by rashendra (1) 30 Jan 2009
i am from nepal can any one let me know the current date for 1-485
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Posted by gclitany (169) 30 Jan 2009

AP entry by H1 and L1 holders and if they continue to work for their H/L sponsor, their H1/L1 petition is still valid, and H1/L1 time limit clock (towards 6 years or L1's 5/7 years) will still be going.

to kansas1:



You might face another issue: the I-94 at the port of entry to re-enter as parolee is generally valid for 1 year, so it might expire at an earlier time than your H-1b, forcing you to either leave and re-enter or file for an extension, which is not a straght-froward process. Read the discussions:

http://www.trackitt.com/discussion-forums/i131-...
http://www.trackitt.com/discussion-forums/i131-...
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