csf

Hi,

I plan to use my H1-B to travel overseas, without applying for AP whilst my AOS application is being processed. I have applied for an EAD as part of the process. If I change jobs once I receive my EAD and plan to go overseas, can I still use my H1-B visa to travel? I know there is the 'dual visa' rule, but is it still valid once I receive my EAD?

Any advice much appreciated.

Thanks,

Chris

sphyrapicus

Once you use the EAD to switch employers, the H1-B is no longer valid. So, you'd have to get AP to travel.

Hypertweeky

Hey Chris:

Did you apply for AOS based on marriage to a US citizen?
If you are gonna be working for a different employer, wouldn't that void your H1B visa?, You got your visa to work for XX company, If you get a job with company YY.. then I would say you can't use the H1B visa so travel, therefore you'll need AP to re-enter in the US.


"Some H-1B professionals use EAD(and terminate H1B) on purpose to save H-1B time so that if something happens with the current employer, they be able to pick up the remaining period of the 6-year H-1B limit through another H-1B approval with the new employer. But that H1 approval would be new H1B and not transfer of H1B and hence subject to annual H1B visa"

Source: http://www.immihelp.com/gc/aos/eadap_h1.html

Take care![/QUOTE]

csf

Ahhhh...yes, of course, that is true. AP it is then