Advance Parole and H-1B

[NIW07]

Hi, all
Is anybody here aho can make this clear?
1). If I use AP, do I still keep current H-1B status?
2). If I use AP, can I change a job (not use EAD) and keep H-1B?

Somebody said there is no risk to use AP as long as not using EAD, is this true?
Thanks a lot!
BTW, I am 140/485 pending.

 

[getfuture]

Hi, all
Is anybody here aho can make this clear?
1). If I use AP, do I still keep current H-1B status?
2). If I use AP, can I change a job (not use EAD) and keep H-1B?

Somebody said there is no risk to use AP as long as not using EAD, is this true?
Thanks a lot!
BTW, I am 140/485 pending.[/QUOTE

after you use AP to enter USA, you must show EAD to your employer. H1B status is no longer valid thereafter. ..

 

[lamonte]

after you use AP to enter USA, you must show EAD to your employer. H1B status is no longer valid thereafter. ..

Where on Earth did you hear this? It is completely false. Using AP has no effect whatsoever on the status of your H1-B. It is very well covered ground.

 

[getfuture]

from lawyer

 

[adheer2]

Where on Earth did you hear this? It is completely false. Using AP has no effect whatsoever on the status of your H1-B. It is very well covered ground.

Immigration status is decided by what is written on your I-94 form. When you enter in US with AP, your I-94 will be marked as "AOS" by immigration officer at the port of entry. So effectively your H1 staus will no longer be valid. With AOS status you are entitled to stay in US, cut can't work unless you have EAD. This is a very grey area so proceed with caution.

lamonte,
please don't give advice with so much confidence about the things which you don't know yourself. i have noticed your this attitude in several of your posts.

 

[grs2003]

H1b-ap

lamonte is right, entering US on AP doesn't effect your status, if you are on H1B, you can still be on it. one thing is important talk to good immigration lawyer and proceed with caution to anything related to immigration.

 

[niw seeker]

lamonte is absolutely right on this issue. Using AP and using EAD are totally different things.

Immigration status is decided by what is written on your I-94 form. When you enter in US with AP, your I-94 will be marked as "AOS" by immigration officer at the port of entry. So effectively your H1 staus will no longer be valid. With AOS status you are entitled to stay in US, cut can't work unless you have EAD. This is a very grey area so proceed with caution.

lamonte,
please don't give advice with so much confidence about the things which you don't know yourself. i have noticed your this attitude in several of your posts.

 

[$$01011964]

When you enter in US with AP, your I-94 will be marked as "AOS" by immigration officer at the port of entry. So effectively your H1 staus will no longer be valid. With AOS status you are entitled to stay in US, cut can't work unless you have EAD.

It is not right.

Using AP does not affect your current H status. Last November I entered in USA on AP, and I am still on H1B. There is no confussion on this issue.

 

[hathwar]

Using AP does not invalidate your H1-B. At the POE tell the officer that you want to be on H1-B ( better have a notice of approval ) and show him your AP he will write the I-94 to expire whenever your H1-B expires and not AOS so that you will be fine on H1-B. I did last November.

 

[lamonte]

lamonte,
please don't give advice with so much confidence about the things which you don't know yourself. i have noticed your this attitude in several of your posts.

I appreciate your concern but nowhere in my original post I see anything that would suggest that I may not know the answer. This is a very common question and it's being covered both often enough here and on almost daily basis in I-485 forums.

 

[adheer2]

Using AP does not invalidate your H1-B. At the POE tell the officer that you want to be on H1-B ( better have a notice of approval ) and show him your AP he will write the I-94 to expire whenever your H1-B expires and not AOS so that you will be fine on H1-B. I did last November.

This is a very sensitive issue. Don't take any risk, consult a good attorney. I am aware of few cases, where aliens (as well as their employers) were under the impression that they are in valid status, but in reality they were not and hence faced severe consequences at the end.
If you used AP to enter in US (without having valid EAD) and started working with your old H1, you may come in deep trouble. However, one should understand difference between having AP and using AP. If you posses AP as well as valid H1 visa, and at the port of entry you tell immigration officer that you want to use your H1 to enter US, then you will continue to remain in H1 status only (as I think is the case of hathwar).

 

[hathwar]

This is a very sensitive issue. Don't take any risk, consult a good attorney. I am aware of few cases, where aliens (as well as their employers) were under the impression that they are in valid status, but in reality they were not and hence faced severe consequences at the end.
If you used AP to enter in US (without having valid EAD) and started working with your old H1, you may come in deep trouble. However, one should understand difference between having AP and using AP. If you posses AP as well as valid H1 visa, and at the port of entry you tell immigration officer that you want to use your H1 to enter US, then you will continue to remain in H1 status only (as I think is the case of hathwar).

I did not have H1-B stamp. I used AP and things worked out for me see my signature. Also if by chance you get an I-94 with AOS on it then contact your lawyer and apply for reinstatement of H1 status which is not very time consuming. I dont know the procedure. Ask your attorney. I read it in someother thread on this forum.

 

[kim750]

my lawyer told me that AP can be used for entry (when immigration offer is so ignorant that he does not understand H1 is dual status visa) and H1 is valid as long as one returns to his original employer (where H1 is based on).

However, if you have H1 then why use AP? Just use H1 to enter.

 

[asdpower]

appling for a H1 Visa stamp for people from some countries is quite a hassle, that is why this topic has so many interests.

my lawyer told me that AP can be used for entry (when immigration offer is so ignorant that he does not understand H1 is dual status visa) and H1 is valid as long as one returns to his original employer (where H1 is based on).

However, if you have H1 then why use AP? Just use H1 to enter.

 

[NIW9258]

......H1 is valid as long as one returns to his original employer (where H1 is based on). QUOTE]

I have a question here:

I understand that I can keep my current H-1b legally after reentrance by using AP, but What if later I tranfer to another employer, which will apply new H-1 for me? Am I be fine to keep the legal new H-1? Thanks for any reliable info.

 

[rajudm]

what does I94 say...

when you enter on AP, I94 will mention AOS- Paroled until.... in that situation will H1B be still valid?? Does it need to be corrected as Hathwar mentions?

 

[NIW07]

Thanks all for the information, NIW9258 asked a good question, I am wondering too. Thanks a lot!

......H1 is valid as long as one returns to his original employer (where H1 is based on). QUOTE]

I have a question here:

I understand that I can keep my current H-1b legally after reentrance by using AP, but What if later I tranfer to another employer, which will apply new H-1 for me? Am I be fine to keep the legal new H-1? Thanks for any reliable info.

 

[neocor]

This is a good informational thread.
After reading through I am still not very clear about what is the right thing to do. The interest here is mainly due to the following situations.

1. An alien goes back to the native country with an expired H1/H4 stamping but has a fresh H1/H4 approval notice and also a valid EAD/AP. while returning back he has two choices, either to use the AP to enter US or go to the US consulate and get the fresh H1/H4 stamping. The whole concern here is the hassle of going to the US consulate for stamping and also the money involved (its just $100 but still its a lot atleast for me). So the best thing to do is use the AP. This is where the confusion is. If the Alien uses the AP then it seems he will no longer be on H1/H4 and would be on EAD.

2. If the Alien uses the EAD instead of the H1/H4 and at the smae time the I140 is still pending then the Alien is running a huge risk. If the I140 is denied for some reasons then the Alien would immediately become out of status. How can this be avoided? what is the right thing to do, why is it not possible to go back to your original H1/H4.

3. Now reference to the Spouce Visa (H4). Is it possible that the Spouse be on EAD and you remain on H1. In other words if the Spouse goes to native country alone and returns using the AP and the Alien himself/hersefl reamins on H1, how does it matter? Is there any issue to be worried upon.

4. If the Alien uses the EAD and now wants to change his job and wants to go on H1 again (dont know why but so many people want to do that). Is that possible.

If someone has clear answers to the above 4 situations then I guess the AP EAD and H1/H4 problem is resolved. I will talk to my lawyer today and post the findings. any other findings would also help.

neocor

 

[RHTK]

Fron Lawyer

Acc to big shot lawyer from Manhattan, I should not use AP to re-enter US if I want to maintain my H1b status. Acc to her, if immigration clerk at POE does not agree with Lamonte, he/she has a technical point and no lawyer would be able to defend the case. However, they say - - ignorance is bliss and most of immigration officials donot read these posts -!!

RHTK

 

[adheer2]

Acc to big shot lawyer from Manhattan, I should not use AP to re-enter US if I want to maintain my H1b status. Acc to her, if immigration clerk at POE does not agree with Lamonte, he/she has a technical point and no lawyer would be able to defend the case. However, they say - - ignorance is bliss and most of immigration officials donot read these posts -!!

RHTK

Lamonte, please note it down.