Advance Parole vs H1B Status question

K

krish2006

Registered Users (C)
Currently I am in H1B status. My six years on H1B completes June 2008.
I am planning on extending my H1B for 3 more years using my approved I-140.
My I-485 is pending. Applied for AP.

My questions:

1) When my AP is approved would I get new I-94 along with AP approval notice?

2)When I re-enter USA using AP, is my H1B status still valid?
(Assuming I work for the same employer)

If I enter using AP, what would be the expiration date on the new I-94 issued at port of entry? Is it based on AP expiration?

Does that mean I-94 issued with H1B approval notice is no longer valid (i.e for 3 years)

So effectively that H1B status which I have got by using approved I-140 is of no use?

I appreciate any comments,

I found one answer for this question at the following link but little confused with the answer.

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http://www.murthy.com/chatlogs/chat1124_P.html

Attorney Murthy : A person may reenter on the AP status and is legally allowed to extend H1B status after that in the U.S. but cannot be on H1B status if the person entered as a parolee. A person has to enter on the H1B status to be in H1B status but is allowed to file an H1B extension if s/he continues to work for the H1B sponsoring employer

=============================================
 
krish2006 said:
Currently I am in H1B status. My six years on H1B completes June 2008.
I am planning on extending my H1B for 3 more years using my approved I-140.
My I-485 is pending. Applied for AP.

My questions:

1) When my AP is approved would I get new I-94 along with AP approval notice?

-----> No

2)When I re-enter USA using AP, is my H1B status still valid?
(Assuming I work for the same employer)

-----> Yes.

If I enter using AP, what would be the expiration date on the new I-94 issued at port of entry? Is it based on AP expiration?

----> Yes it will determined based on your AP.

Does that mean I-94 issued with H1B approval notice is no longer valid (i.e for 3 years)

------> Yes it will remain valid.

So effectively that H1B status which I have got by using approved I-140 is of no use?

----> You can enter US by AP and work on H1B. There is no issue.

I appreciate any comments,

I found one answer for this question at the following link but little confused with the answer.

=============================================
http://www.murthy.com/chatlogs/chat1124_P.html

Attorney Murthy : A person may reenter on the AP status and is legally allowed to extend H1B status after that in the U.S. but cannot be on H1B status if the person entered as a parolee. A person has to enter on the H1B status to be in H1B status but is allowed to file an H1B extension if s/he continues to work for the H1B sponsoring employer

=============================================
Click to expand...

Look like murthy's response is conflicting....wait for other members to reply.
 
thanks for the response.

You have mentioned that USCIS does not issue new I-94 along with AP approval notice.
What if current I-94 expires which is based on H1B. In my case it expires on June 2008.
Let us say I did not leave USA till July 2008, then I am in USA with expired I-94.
I though for all non immigrants valid I-94 is a must.

can you explain this please
 
Do we need parole before we depart from US

Why do we need to have Parole before we depart from US? If it is approved and if the mail is on its way, can we travel without parole and have someone mail the parole to india address? because it takes some time to get it on hand through mail. please advice.

;)
 
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