Advance Parole vs H1

A

aj_gc

Registered Users (C)
Hi Gurus/Friends,
I have valid H1 till Jan2009 but not visa stamp in my passport, I have a valid AP and planning to visit India and re-enter US on AP. From the forum sources I understood that one can enter on AP and continue working on H1, my question here is when I enter US on AP the POE officer will issue the I-94 card for the validity of the AP (one year max) not the H1 validity, then how I will be eligible to work beyond I-94 period?
Please share your knowledge/experiences.

Thanks

aj_gc
 
aj_gc said:
my question here is when I enter US on AP the POE officer will issue the I-94 card for the validity of the AP (one year max) not the H1 validity, then how I will be eligible to work beyond I-94 period?
Click to expand...

Your work eligibility rests on the the underlying H-1 petition and being in valid status. If your H-1 petition remains valid beyond the expiration date of the I-94, you should be OK since you will still be in valid status.

Please be aware that this is new ground and exactly how USCIS will interpret things is unknown, but there's nothing magic (or even special) about the expiration of an AP I-94; so long as the I-485 remains active the expiration date has no effect.
 
Hi TheRealCanadian,
Thanks for sharing your knowledge, my underlying H1 is valid till Jan2009 and I will be working for the same employer who sponsored my H1 and GC.
As you said nobody knows much about this grey area and how USCIS will interpret in such situations. I'm planning to go ahead and use AP.

Thanks again
aj_gc
 
I am not sure about that. My lawyer once told me that if I use my AP then I lose my L1 Status and will be working using the EAD. Maybe he is wrong. I would suggest you check with your lawyer before using your AP.
 
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