Advabce Parole question, Gurus - Please help!

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priceline

Registered Users (C)
Myself and my wife both have AP approved in October 2006 through a different company(Say A). I am planning to join them in around October, 2006.

In a month or so, we need to go to India for a short trip(week or 10 days). Currently I am not using Company A's AP or EAD. I am working on H1 with my employer(say B).

Should I go to Vancouver and get the stamping on existing H1? Or is it easy to use AP? Is there any complications on using in using AP as I am not currently working with them.? My I140 is approved and waiting for the priority dates.

I have good terms with both the companies, and can get required documents from them. Thanks in advance.
 
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If you have a valid AP you can enter on it. They will pull you aside for some questions - which is a regular procedure. Why were you away, what are your parents names, etc.. just to validate your identity but nothing unusual.
 
I heard once I use AP/EAD, h1 will be invalidated. Can I use EAD with my existing employer. I am not planning to work for company A until october/november.
 
priceline said:
Myself and my wife both have AP approved in October 2006 through a different company(Say A). I am planning to join them in around October, 2006.
--------------- EAD and AP is based on YOUR Pending I-485 it has nothing to do with employer Aor B
In a month or so, we need to go to India for a short trip(week or 10 days). Currently I am not using Company A's AP or EAD. I am working on H1 with my employer(say B).

Should I go to Vancouver and get the stamping on existing H1? Or is it easy to use AP? Is there any complications on using in using AP as I am not currently working with them.?
-------- you can use AP or get H1 visa. use of AP does not invalidate H1 status if you are working with the employer who flied your lastest H1.
for more info read:
H1, AP
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/news/UDnewins.html

http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://shusterman.com/cronin51600.html
http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html

My I140 is approved and waiting for the priority dates.

I have good terms with both the companies, and can get required documents from them. Thanks in advance.
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Thank you all for the useful responses. Now I am feeling better.. Lastly do I need bring any letters from any of these two companies for safe side?

Thanks again.
 
priceline said:
Thank you all for the useful responses. Now I am feeling better.. Lastly do I need bring any letters from any of these two companies for safe side?

Thanks again.
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I brought a letter from my empolyer as what my attorney told me to do. At border, the officer only asked for a copy of AP, so I didn't show him the letter. The basic info in the letter included my tilte, salary, job discription, very short. Hope this helps.
 
I spoke to my attorney and she is saying if I use AP, my H1 will be invalidated as I will enter on new I94 that is based on AP.. but not on H1. She is saying that I cannot renew my h1 or transfers once I use AP. :(
 
priceline said:
I spoke to my attorney and she is saying if I use AP, my H1 will be invalidated as I will enter on new I94 that is based on AP.. but not on H1. She is saying that I cannot renew my h1 or transfers once I use AP.
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Since the Cronin Memorandum has been out for almost a decade, I think that's a clue that you need a new attorney.
 
TheRealCanadian said:
Since the Cronin Memorandum has been out for almost a decade, I think that's a clue that you need a new attorney.
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A friends wifes application for H4 was put on hold. The reason was that my friend entered on AP, filed H1 extension (same company), got extension approved. The H4 application was based on this newly extended H1. The consulate says that my friend entered on AP, so his status is Parolee.

Memos clearly states that when the H1 is extended, it is similar to the action of entering on H1.

Do you think they erred in holding her H4.
 
Your friend's h1 got approved after he parolled, thats good news.. but his wife's put on hold.. thats bad news :(
 
GreenCardVirus said:
Memos clearly states that when the H1 is extended, it is similar to the action of entering on H1. Do you think they erred in holding her H4.
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One question - did he receive an I-94 with the extension application stating that he is now in H-1 status again? If so, then the Consulate erred. If not, then they are probably correct.
 
TheRealCanadian said:
One question - did he receive an I-94 with the extension application stating that he is now in H-1 status again? If so, then the Consulate erred. If not, then they are probably correct.
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Yes, the H1 came with I-94. Problem is that first time visa seekers on H1/H4 and other types are completely ignorant of the complexities involved.

When I first entered 9 years back, I hardly knew anything about different types of visa.s I only understood the signigicance of I-94 after 3 years when DMV puts the card in some scanner and says it is invalid/fake. The machine was not able to recognize the red ink on I-94. I just went to someother DMV.
 
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