Am I out of satus ???

guywithoutgreen

Registered Users (C)
Hello Everyone,

My Status.

I140 Approved.
EAD Expires on Dec 4,2003.
new H1 approval notice valid from 10/10/2003 to 10/10/2004.

I am going to India on 10th December.


Since My current EAD expires on Dec 4, leaving US on December 10, my fear is -

1.would I be considered out of status for 6 days (Dec-4 to Dec-10) ?

2. Can US Consulate use this out of status to punish me and not issue new H1 (I have approved H1B petition)

please respond.

thanks,
 
If you have EAD that means you have already applied for 485. You are fine.......EAD has nothing to do with legal status, it's your pending 485.

You cannot work for those 6 days but you will be legal.
 
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I don't see any problem with H1 provided there are no other issues.

BTW, I will suggest you to get AP before leaving US...Just in case.
 
thanks again usnycus.

I have applied for AP ( 28 OCt) and I don't see coming by Dec 10 by any means. I 'll feel more comfortable travelling with AP but I can't get it , it will be risky to travel with out AP even though I can't see any obvious reason of not getting a new H1 when I have a approval notice from INS. Can consulate Deny visa even H1 petition is approved by INS?
 
Are you trying to go to consulate to get H1 stamping? If that be the case I don't think you are eligible to to get H1 visa after you have applied for 485. Check and confirm with lawyer.
 
See Inline.............


guywithoutgreen

Can consulate Deny visa even H1 petition is approved by INS?

YES.

Also try getting AP at the local USCIS office. In past they have issued AP the same day in emergency cases. Check following site for details:
http://www.immihelp.com/gc/aos/ap.html


sb_tiger

I don't think you are eligible to to get H1 visa after you have applied for 485.

That's a news to me. From where you got the above information?
 
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I went to local INS boston office they didn't issue as they told me I should wait until it is approved from service center (I don't have real emergency other than I bought the ticket).

What kind of document are accepted as real emergency?
 
I've been looking for confirmed answer to this question.
Can I still work on my H-1B upon return using AP (without stamp in my passport) ? There is totally different answer to this, yes, or no (instead I must use EAD). Anyone has real experience with this ? thanks,
 
crystalview

Can I still work on my H-1B upon return using AP (without stamp in my passport) ?

YES....

Anyone has real experience with this?

No I don't have that experience. But check following taken from "http://www.murthy.com/UDnewins.html"



INS Guidance on H-1 / L-1, EAD and Advance Parole

- If an H-1 or L-1 holder decides to file for and obtain the EAD but keeps working for the same company, he/she is still in valid H-1 or L-1 status and able to extend the H-1 or L-1 as needed (up to the maximum allowable time on that status). The mere fact of obtaining the EAD does not affect one's status; only if the person uses the EAD to take on another job, would he/she no longer be considered to be maintaining H or L status.

- If a person obtained an EAD and then went to work for another company while waiting for the completion of her/his adjustment case, that action would effectively terminate the H-1 or L-1 status of the beneficiary and she/he would have to file for advance parole to travel. The H-1 or L-1 holder would not be able to renew the H-1 or L-1 status in this situation.

- An H-1 or L-1 holder who entered the United States on advance parole can apply for an extension of H or L status, and the approval of that extension would enable the person to return to the U.S. on H-1 or L-1 status. (To maintain that status, the person cannot seek outside employment.)

- An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval.

- If an H-1 or L-1 holder presents both advance parole documents and documents of valid H-1 or L-1 status at the port of entry to the U.S., the INS Inspector should tell the person that she/he is not required to present the advance parole, and admit the person to the U.S. on the H-1 or L-1 status.

- An H-1 or L-1 holder who has entered the U.S. with an advance parole document may depart and return as an H-1 or L-1 holder if that status has not expired.
 
guywithoutgreen

You only said that you have EAD already issued to you, but you didn't say whether you have used it or not.

If you have used EAD then your H-1 status is not valid any more and I am not sure if you can get stamping done for that and definitely you can't work on H-1 once you come back. In case you haven't used your EAD but you enter on AP, you can still work on H-1 as usnycus has pointed out.
 
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