AP and H1

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skusa

Registered Users (C)
I am on H1b but not stamped on passport. I will be travelling to India next month and planning on coming back on AP. I had posted earlier about this whether use of AP invalidates H1b and what I undestand is "NO" is this really true? I have been getting contradictory answers that once you use AP then you are no longer on H1b and the reason is that I-94 which you get at the port of entry has stamp as parolee. pl clarify me which is true fact here.
I want to avoid the hassle of going to the mumbai consulate just for stamping.
experts pl post your views here.
 
I myself am keeping the count of how many lawyers are saying that you do loose H1 status if you return on AP, and so far 5 lawyers have agreed with this.

However, from the various links I feel like we do keep H1 Status even if we re-enter on AP.

Either the lawyers are getting dumber or we are reading the material in those links incorectly.

Did you talk to your attorney? What did he say?
 
I asked to the immigration coordinator at the school an she told me that one can keep H1 status even after returning back on AP and said not to worry and also I read on the links provided by "ginnu" here. but a few people made contradictory statements that one looses H1 status. to my understanding use of EAD makes H1 void which makes sense.
I am trying to avoid the hassle of going to the consulate.
do you have any more info on this? pl share
thanks
 
Recently I went to India and returned in the month of August on AP. I hold an approved H-1 petition (valid until Feb 28, 2004) and no EAD. My passport does not have H-1 stamp.

I did not go to US consulate in India for H-1 stamping. Upon returning from India, my passport, I-94 and AP document was stamped as "payrolled until Aug, 2004".

So far so good, when I went to my employer, they said that I can no longer work based on H-1, I need EAD.

The lesson is: Once you use AP, your status is no longer H-1. Since your status in not H-1, you need EAD to work in your new status "adjustee". Hence before you go, EITHER get EAD OR get H-1 stamp on your passport before you return.

It is also possible to travel out of US once again and get H-1 visa stamp on your passport based on your approved H-1 petition. This was the suggestion given to me, since currently I am not getting paid.

I hope this helps you in making a decision. Please see usvisanews.com (Wednesdays questions archive 09/10/2003), http://www.usvisanews.com/wedquest091003.html
 
I have asked 3 lawyers, two said that H-1b is not valid any more when people used their AP, one said that it is still valid since the employer is not changed. I'm confused. :confused:
I used AP to come back in July, I'm not sure what my status is now, also not sure if i should/can renew my H-1b.
 
That is what I got the ans too that even after use of AP one can maintain H1b status provided stays with the same employer. and if change the change then one has to use EAD, here H1-H1 transfer is not applicable after AP use. so I think you are still on H1 status
 
Hi, Skusa,
I have just asked Lawyer Rajiv, he is very very nice, sent me some "485 pending - Travel FAQ"(this FAQ must be somewhere in this web site, I'm not sure if I can post them here again), so now I know: I'm not on H-1 any more after I used my AP, now I'm using my EAD to work even I didn't change my employer.
 
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