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Posted on 14 Dec 2009
Q.

Travel using AP, 485 denied, and H1B validity

Dear Sir/Madam,
An urgent question regarding my current status. I have been working in a company who sponsored me H1B which expires in 2011. Two weeks ago I traveled and returned US using AP(12/4/09). Soon I got a denial notice to the associated I-485 application (12/7/09). However, I have never used my EAD card nor filed an I-9 form. Now my questions are:
1. Does using AP automatically void my unexpired H1B status?
2. Am I now out of status and have to leave U.S. to reapply for a H1B visa stamp in my native country?
3. If I don't have to leave US immediately, am I legal to stay and continue my current work? Can I still reinstate the H1B status by extension within US?

Your prompt response is greatly appreciated!

User's Location: Cary, North Carolina, United States of America
Category: H1B Visa (Work Visa)
Posted on 14 Dec 2009
A.
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David Rubman
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Rubman & Compernolle
(312) 341-1907

www.rubmanlaw.com

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