Posted by: ny2 August 19, 2015
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@ohio
My thoughts...
2. If one had valid H1b with stamping completed, one can easily travel back and forth with h1b visa, no need of AP or no need to use AP even if one has AP.
1. If one has valid H1b without stamping and used AP during travel,
In this case, if the person uses TPS AP to travel back, will it affect H1B? I am comparing this with the case when people have EAD/AP during GC process from employment (pending i485) while they are in H1B. If they use EAD, their H1B will be considered cancelled. If they have AP but use H1b visa during travel, H1b is not affected. But even if they don't use EAD but travel on AP and not on H1b visa, H1B is considered cancelled and they have to start using EAD.
Is it similar in this case? If using TPS EAD violates H1B status, does using TPS AP violate H1B status? I believe so but not sure.
My thoughts...
2. If one had valid H1b with stamping completed, one can easily travel back and forth with h1b visa, no need of AP or no need to use AP even if one has AP.
1. If one has valid H1b without stamping and used AP during travel,
In this case, if the person uses TPS AP to travel back, will it affect H1B? I am comparing this with the case when people have EAD/AP during GC process from employment (pending i485) while they are in H1B. If they use EAD, their H1B will be considered cancelled. If they have AP but use H1b visa during travel, H1b is not affected. But even if they don't use EAD but travel on AP and not on H1b visa, H1B is considered cancelled and they have to start using EAD.
Is it similar in this case? If using TPS EAD violates H1B status, does using TPS AP violate H1B status? I believe so but not sure.