Hi,
Back in Sept I ( and my wife) received my EAD and in Nov 07 we recvd our Adv. Parole docs. I am/was on H1B and wife on h4. My h1 was expiring in Oct 07 so my employer had already applied for the renewal and i received it. In dec 07 i traveled to India/Bbay and got the H1b stamped at the mumbai consulate. My wife didnt get the h4 stamped. At newark airport here when I returned i presented my H1 visa for entry and got it. But when my wife came at the counter she gave the AP papers and the officer asked me if i had recvd mine and I said yes ( truthfully). Then the officer took back the entry on the h1 status from the i-94 and got another officer and they both told me i was supposed to enter on AP and not h1b since i had Ap papers. I told them that i want to enter on H1b and not AP but they completely refused and i was sent to the back office and was basically Advanced paroled into US.
My question:
1. Is my work status H1B or EAD? ( My employers claims that we dont need to do anything. basically they will consider that i am on h1b. I want to confirm this. Its a big company and sometimes you get diferent responses from different people.)
2. Is my H1B visa totally nullified because i didnt enter on it and my i-94 does not reflect that?
3. My new H1b visa expires in Oct 08 and my EAD expires in Sept08? Is it recommened to renew the H1b again or would i come in a new fresh applicant and will be subject to the new H1b quotas. ( I will be applying for EAD anyways to keep it as a back up).
Thank you for responding to my questions and reading my story with patience.
Yusuf.
Back in Sept I ( and my wife) received my EAD and in Nov 07 we recvd our Adv. Parole docs. I am/was on H1B and wife on h4. My h1 was expiring in Oct 07 so my employer had already applied for the renewal and i received it. In dec 07 i traveled to India/Bbay and got the H1b stamped at the mumbai consulate. My wife didnt get the h4 stamped. At newark airport here when I returned i presented my H1 visa for entry and got it. But when my wife came at the counter she gave the AP papers and the officer asked me if i had recvd mine and I said yes ( truthfully). Then the officer took back the entry on the h1 status from the i-94 and got another officer and they both told me i was supposed to enter on AP and not h1b since i had Ap papers. I told them that i want to enter on H1b and not AP but they completely refused and i was sent to the back office and was basically Advanced paroled into US.
My question:
1. Is my work status H1B or EAD? ( My employers claims that we dont need to do anything. basically they will consider that i am on h1b. I want to confirm this. Its a big company and sometimes you get diferent responses from different people.)
2. Is my H1B visa totally nullified because i didnt enter on it and my i-94 does not reflect that?
3. My new H1b visa expires in Oct 08 and my EAD expires in Sept08? Is it recommened to renew the H1b again or would i come in a new fresh applicant and will be subject to the new H1b quotas. ( I will be applying for EAD anyways to keep it as a back up).
Thank you for responding to my questions and reading my story with patience.
Yusuf.