Advance Parole

K

kesab

Registered Users (C)
Dear all, I filed I-485 and have Advance Parole. My status is H-1 but without stamping.
I am planning to go to India. Now, if I do not do H-1 stamping and re-enter US with Advance Parole, does it effect my H-1 status?
thank you very much..
 
No

kesab said:
Dear all, I filed I-485 and have Advance Parole. My status is H-1 but without stamping.
I am planning to go to India. Now, if I do not do H-1 stamping and re-enter US with Advance Parole, does it effect my H-1 status?
thank you very much..
Click to expand...

I dont think so.
 
as long as you continue to work for the same employer and extend your H1B status u will continue to maintain H1B status.

In one of Murthy's chat she had mentioned that you can have EAD and H1B status at the same time.
 
Hi Jeet_recruiter..thanks..
Actually I do not have problem in maintaining H-1B status. Just problem of getting H1B-Stamp on passport due to limited time. Therefore if I use Advance Parole for re-entry, will I loose my H-1 status and will need to be on EAD?
 
You DO NOT lose H-1B status using the AP to enter US.

Murthy.com
Chat : March 28, 2005

Chat User : Does one lose H-1 status if s/he used advance parole for returning to the USA?

Attorney Murthy : A person is allowed to use AP to reenter the U.S. and is also allowed to file an H1B extension soon after reentering on AP, and then revert to H1B status. Review the March and May 2000 Legacy INS Memos, which we have written about on our website and posted summaries of those articles.
 
Thanks Grunngy.. I am reading ...as per Murthy she said after entering on AP the person has to apply H-1 extension to revert to H-1. My present H-1 status is already valid for another 3 year, so do I loose my H-1 temporarily? Otherwise why I have to re-apply for H-1 extension?...please answer..
 
kesab said:
Thanks Grunngy.. I am reading ...as per Murthy she said after entering on AP the person has to apply H-1 extension to revert to H-1. My present H-1 status is already valid for another 3 year, so do I loose my H-1 temporarily? Otherwise why I have to re-apply for H-1 extension?...please answer..
Click to expand...

Kesab, you are right in your confusion. Murthy's explanation is not easy to understand. If your H1 status does not go lapse when you use AP to enter, why do you need to apply for extension when none needed? To be on safe side, try to make time for H1 visa in your schedule or make sure you have EAD before you come back on AP.
 
kesab,

my 2 cents. its better to get h1 stamped and reenter using valid visa instead of entering through AP. (not saying using AP violates h1 status). There are many if's and but's in this scenario. this might trigger unnessary RFE for additional documentation in future.
 
Thanks Jambalkadi and Jillag for your opinions. This retrogession is the source of all these ifs, confusions, problems, added costs for me like many others.
 
the note by murhty means you will loose H1, but can immediately apply again

which is more like a new application for extension of status nothing else
kesab said:
Thanks Grunngy.. I am reading ...as per Murthy she said after entering on AP the person has to apply H-1 extension to revert to H-1. My present H-1 status is already valid for another 3 year, so do I loose my H-1 temporarily? Otherwise why I have to re-apply for H-1 extension?...please answer..
Click to expand...
 
As long as you work for the same employer u will not lose H1B status. This has been discussed several times in this forum. Max2K1 is the one who is really confident about this.

Also is your I140 approved?
 
thanks. Yes Jeetu_recruiter. My I-140 was approved and I filed I-485 recently on EB-2, and then affected by retrogression.

Murthi seems to be mentioning that even if I continue to work for the same employer, still I need to extend H-1.

For my wife and kid (H-4), I may not need to extend H-4 after using the AP , because we are on Adjustment of Status anyway, (unless my wife wants to work on EAD), right?
In this case, I will continue to be on H-1 and my wife will be AOS. That will not be a problem? Your opinions are appreciated.
 
Last edited by a moderator:
Sure, your dependents don't need to have H4 status, they will be in authorized stay during the pendency of AOS. But its a good idea that you maintain independent H1, so that if anything happens to AOS, they can always leave country and come back on H4.
 
kesab said:
Thanks Grunngy.. I am reading ...as per Murthy she said after entering on AP the person has to apply H-1 extension to revert to H-1. My present H-1 status is already valid for another 3 year, so do I loose my H-1 temporarily? Otherwise why I have to re-apply for H-1 extension?...please answer..
Click to expand...


No, you are misunderstanding the English language nuance. SHe is not saying that you need to apply for an H-1B extension at all after you use AP. SHe is saying you are also allowed to apply for an H-1B extension if needed. But I understand why there is confusion.
 
Thanks Gillag
and Grunngy.. if it is the case, that is great that I do not have go through the pain of convincing my employer for extending H-1 again.
 
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