AOS and H1-B

risk_crisp

Registered Users (C)
hi,

I have been working on H-1B while my immigration process is underway. Recenly I travelled out of country and while coming back I used the Advance Parole at the time of entering back to US. I was not given any I-94 and my passport was stamped with "AOS".

1) Does this mean that my H-1B has become invalid now?
2) Under this situation, if I wanted to change my job, can my new employer file a new H-1B? I understand that I can just use AC-21 but just want to know whether or not a new H-1B can be filed?
3) If my new employer files for an H1-B and I travel outside the country, will I have to get the visa stamped (my current H-1B is valid until next May)? Will I enter an an AOS or on H-1B?

any advice will be appreciated..thank you !
 
risk_crisp said:
hi,

while coming back I used the Advance Parole at the time of entering back to US. I was not given any I-94 and my passport was stamped with "AOS".

why you did not get I-94? Even people using AP gets I-94. Are you sure about it? It may lead different problems.
 
tammy2 said:
why you did not get I-94? Even people using AP gets I-94. Are you sure about it? It may lead different problems.

Even though most of the POEs issue I-94 while entering using AP, but it has no significance. In AOS status, only proof of status is I-495 receipt.
 
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risk_crisp said:
I have been working on H-1B while my immigration process is underway. Recenly I travelled out of country and while coming back I used the Advance Parole at the time of entering back to US. I was not given any I-94 and my passport was stamped with "AOS".

Even though you used AP, it does not make your H1 (I-129) invalid. You still can transfer your H1 to another employer. If you extended your H1 in past, that I-129 approval notice has an I-94 at right-bottom. That is your I-94. You can use that I-94 for transfering/extending H1.
 
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