AOS status On i 94 - Can we maintain h1 status?

S

scjdp

Registered Users (C)
Hi,
I recently went to India and Came back. I had AP and the H1 notice of approval with H1 in passport expired. My lawyer told me that I will not get H1 stamping as I have applied to AOS and I have to show only AP at port of entry .... I followed his advice and they have marked my 194 as AOS .....

My questions is ..is my lawyer correct? Do I have H1 status ? Coz I want to maintain that ....I have same employer through out. Please let me know if I have maintained my H1 or not? I have never used my EAD.
 
armie said:
Yes
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What law prohibits him from applying for the H-1B visa abroad while his I-485 is pending? If he gets the H-1B visa, why can’t he enter with the H-1B visa instead of the AP? If he enters with the H-1B visa, why can't he maintain his H-1B status while his I-485 is pending?
 
Can someone please be specific. I have the same problem. I'm planning to apply for AP next week but I'm on H1 status. I don't have H1 stamp on my passport but my old expired B1 visa. I have a pending I-485 application a a derivative beneficiary to my wife. If I'm approved for the AP, and I travel out in March, will I have problems on coming back? Will I still be on H1 status even if my new I-94 may be stamped AOS? Someone please clarify these issues ... Thank you in advance.
 
TheRealCanadian can you please

Answer to my question? ....immiq question and your answers are not exactly what I am looking for ...his aspect is why not H1B and my aspect is if entered on AOS ( on I 94) given my case is my STATUS is till H1B? can I maintain My H1B ...meaning Can I extend it or file for H1 from another company etc.

Thank you in Advance
 
Cronyn Amendment

From my limited knowledge..

A person who enters using AP can have still valid H1B status too. Conditions are H1B should not be expired, and AP & H1B are for the same employer( Must satisfy all the H1B conditions). Even the a person who enters using parole , he/she can still renew the H1B and stamp it later too.
This is covered in Cronyn Amendment.

If a person has H1B and AP & EAD , and he/she works for another employer part time based on EAD, then he/she is no more eligible for H1B. There are some catched like this.

I talked to my attorney about it and I was advised the above stated stuff. But attorney recommended to use H1B if possible. Attry personally think its a grey area in the law.

Hope its helpful
babu.
 
Can you help to locate Cronyn Amendment that states the person is still in H-1B status after entering with the AP? Although the CIS permits the person to file the H-1B resume his H-1B status before the issue is resolved but I have not seen the CIS clearly states the person is still in the H status after entering the US with the AP. Rather the CIS states the issue will be discussed in the future. So, please help to locate the Cronyn Memo or related support your finding.
 
Actually you can’t. Do not spread the news before you truly understand it. Maybe you are a Murthy fan but try to ask her during next chat whether the USCIS has clearly indicates the one is still in H-1B status after entering with the AP or an AOS stamp on his I-94.
 
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