AP questions. Pls Help!

rvp123

Registered Users (C)
Hi Guys,

These questions might have already been answered somewhere in the forum. But I couldn't find answers to all.

Could somebody who has used AP and continued their status on H1B please clarify. Thanks for your valuable time.


1. I would like to know if I use Advance Parole (AP) to come into USA instead of going for H1b stamping,
Can I still continue on H1B status after coming back.

2. What date will be mentioned on the I-94 if I use AP.
My H1b is due for extension in Aug 2006. Is the Extension possible even though I use AP to enter.
Can I use the I-94 issued based on AP for my H1B extension.

3. After entering on AP, what status can I bring the Spouse, H4 or EAD?
Can H4 be filed with the my Paroled 1-94?

I would really apprciate your reply on this. I am planning to go to India for 2 weeks asap
due to personal reasons and come back, i don't have time to wait for Consulate Appt for H1B stamping.

Thanks very much for your time.

Regards.
 
Answers inline.

rvp123 said:
1. I would like to know if I use Advance Parole (AP) to come into USA instead of going for H1b stamping,
Can I still continue on H1B status after coming back.

===> Yes - you can.

2. What date will be mentioned on the I-94 if I use AP.
===> Like parole - one year from date of entry
My H1b is due for extension in Aug 2006. Is the Extension possible even though I use AP to enter.
Can I use the I-94 issued based on AP for my H1B extension.
===> Yes

3. After entering on AP, what status can I bring the Spouse, H4 or EAD?
Can H4 be filed with the my Paroled 1-94?
===> You are in H status - so you can bring your dependents on H4

For all your queries, please see the Cronin Memo -- all of this is addressed in that memo.
 
Thanks max2k1. Appreciate yr reply.
When do I have to apply for H1B extn after entering on AP.
Here is a scenario.

H1B valid till - Aug 2006(can be extended)
AP entry - June 2005.
I-94 based of AP entry date - June 2006.

Do I have to file for H1B extension before June 2006 based off the I-94 expiry date? or Can I file after June 2006 but before Aug 2006?

Greatly apprecite your reply.
Thank you.

regards.
 
Hi Max2K1,
could you please reply to the above. I would really appreciate.
Thanks much.

regards
 
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