An informative article on impact of I-485 on H-1B

Thank you

Jigesh,
Thank you very much for posting this link. In fact, this answered most of my questions.
WC
 
thank you Jigesh for posting the useful information. However I still have confusion about H1 and AP, if one uses AP to enter the country then still how come the H1 still valid. I was under the impression that once you use AP, then your H1 visa becomes void.

thanks a lot
shobhana
 
I was under the same impression as you, Shobhana, until I came across this article. I thought once a person gets I-94 with "Parolee" status, H-1B status should be invalid. But according to the quoted article (and also hinted on several other websites), it seems that after using AP, if a person still works for the same H-1B sponsor and no H-1B conditions are violated, he/she could remain on H-1B status until EAD is used for payroll purposes. A bit confusing though - but the article is from a reputed attorney and hence merits credibility.

Best wishes,

Jigesh
 
Very good question -- I also thought that if you enter the country using AP, your status would be "Paroled until ...",i.e. no longer H1B (comment: if you enter using H1B - the INS officer will put notes at the back of your I-94 card..).
 
But Why

would someone need an AP if they have an H1. I have travelled and gotten back into the country on an H1, I never applied for /had one through out my 485 process. May be I am missing something
 
Thank you Jigesh. Yes I did read the link you gave which says about validity of H1 after using AP, if you stay with the same employer, this is surely a good information and hope its really true because at this stage rules keep changing and so its confusing.

to psmith: this H1 and AP question arises if one donot have H1 stamped on passport and in the worst circumstances if one have to use AP, then according to this information, can still maintain H1 status if remain with the same employer.

thanks Jigesh for posting useful information.
shobhana
 
psmith...

You are right - previous discussion might create such confusion.

Sometimes when a person changes visa status from one non-immigrant (say, F-1, J-1, or B) to H1B without leaving the US, INS will mail approval to new visa status. So even if the person will be in new visa status, he/she will not have H-1B stamp in passport unless he/she specially goes outside the US and obtains such H-1B stamp from the US consulate. So those people without H-1B stamp or expired H-1B stamp might have to use AP during I-485 process in order to re-enter the US from trips abroad. The above discussion is for those people - I guess a very small group of people though.

Best wishes,

Jigesh
 
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