fast_gc_seeker
Registered Users (C)
wrong info!armie said:
an individual is no longer in H1 status ie allowed to enter us on H1 once he/she uses AP. using AP makes you a "parole" which means you can no longer extend/renew your "H" visa.
AP usage
- Thread starter newbies
- Start date
an individual is no longer in H1 status ie allowed to enter us on H1 once he/she uses AP. using AP makes you a "parole" which means you can no longer extend/renew your "H" visa.
Hi Streamflow & Others:
The following is the quote from your reply regarding "AP usage". It says that those who use AP would surrender their H1-B status and can continue to work with sponsoring employer with the 'suspended' H1-B status. It also says that H1-B status can be renewed when the validity of this suspended H1-B expires. This is a contradiction to what USCIS decision was. It clearly says a parolee can not extend their status. If this is the case, my question is whether one need to use EAD card if they return to US with a AP document. I would appreciate if you could clarify this point.
Thanks
srr4
"People are confused as to whether they can return to the U.S. using Advance Parole and continue the H-1B employment without EAD. The answer to this question is confusing because the legacy INS flip-flopped itself in the past. Initially, it was policy that such H-1B alien who returns to the U.S. without EAD could not work as he/she was no longer H-1B nonimmigrant and did not have employment authorization. However, this memorandum was short-lived, being later amended and rescinded.
The current rule is that the H-1B aliens who return to the U.S. using Advance Parole will be able to resume the employment authorization which is inherent in the H-1B status inasmuch as the following conditions are met: (1) The employment is resumed with the same H-1B employer. (2) The H-1B approval must remain valid, even though one does not need a valid H-1B visa stamp. Once the H-1B validity expires, so does the employment authorization. Such an alien cannot continue employment unless he/she obtains either EAD or extension of H-1B status. The H-1B alien is returning to the U.S. as a parolee when they use Advance Parole and their status remains a parolee and not a H-1B nonimmigrant, but current rule and policy allow such H-1B approved aliens two benefits pending finalization of its policy on this issue and release of a regulation. The first benefit is employment authorization during the period of valid H-1B approval even though his/her status is no longer H-1B. The second benefit is eligibility for extension of their H-1B status and resuming the H-1B status without leaving the country. Once extension is approved, the alien returns to the H-1B status."
The following is the quote from your reply regarding "AP usage". It says that those who use AP would surrender their H1-B status and can continue to work with sponsoring employer with the 'suspended' H1-B status. It also says that H1-B status can be renewed when the validity of this suspended H1-B expires. This is a contradiction to what USCIS decision was. It clearly says a parolee can not extend their status. If this is the case, my question is whether one need to use EAD card if they return to US with a AP document. I would appreciate if you could clarify this point.
Thanks
srr4
"People are confused as to whether they can return to the U.S. using Advance Parole and continue the H-1B employment without EAD. The answer to this question is confusing because the legacy INS flip-flopped itself in the past. Initially, it was policy that such H-1B alien who returns to the U.S. without EAD could not work as he/she was no longer H-1B nonimmigrant and did not have employment authorization. However, this memorandum was short-lived, being later amended and rescinded.
The current rule is that the H-1B aliens who return to the U.S. using Advance Parole will be able to resume the employment authorization which is inherent in the H-1B status inasmuch as the following conditions are met: (1) The employment is resumed with the same H-1B employer. (2) The H-1B approval must remain valid, even though one does not need a valid H-1B visa stamp. Once the H-1B validity expires, so does the employment authorization. Such an alien cannot continue employment unless he/she obtains either EAD or extension of H-1B status. The H-1B alien is returning to the U.S. as a parolee when they use Advance Parole and their status remains a parolee and not a H-1B nonimmigrant, but current rule and policy allow such H-1B approved aliens two benefits pending finalization of its policy on this issue and release of a regulation. The first benefit is employment authorization during the period of valid H-1B approval even though his/her status is no longer H-1B. The second benefit is eligibility for extension of their H-1B status and resuming the H-1B status without leaving the country. Once extension is approved, the alien returns to the H-1B status."
TheRealCanadian
Volunteer Moderator
fast_gc_seeker said:
Look up the Cronin Memorandum, please.
fast_gc_seeker
Registered Users (C)
anything wrong in my post? The posters wife's H4 was not renewed because she used AP and hence I believe once somebody uses AP to enter us then their H visa cannot be renewed as they are not in H visa status.TheRealCanadian said:Look up the Cronin Memorandum, please.
Streamflow
Registered Users (C)
H-1B/H4 and Advance parole
According to the Cronin memo (http://www.immigrationlinks.com/news/news301.htm):
According to the Cronin memo (http://www.immigrationlinks.com/news/news301.htm):
Note that this memo as well the Mathew Oh (http://www.immigration-law.com/) interpretation above deals with H-1B and L-1 only. Strictly speaking this may be not valid for H-4 and L-2. In other words, srr4 (or somebody else) may extend his H-1B after entering USA on AP and therefore change his parole status back to non-immigrant H-1B status, but this may be not valid for his wife (H4) in the same time. This is IMHO of course.
NorthStar2020
Registered Users (C)
I'm a living proof
Fast gc seeker,
Stop commenting on issues you dont understand. I have gone to India and returned twice to USA using my AP and still on H1B status. The officer at port of entry asked me if I was on EAD. I said "No, I'm still on H1B". He let me in!
Please do not muddle the waters here with your incomplete knowledge.
Thanks!
Fast gc seeker,
Stop commenting on issues you dont understand. I have gone to India and returned twice to USA using my AP and still on H1B status. The officer at port of entry asked me if I was on EAD. I said "No, I'm still on H1B". He let me in!
Please do not muddle the waters here with your incomplete knowledge.
Thanks!
NorthStar2020 said:
You are right. I got confirm on most people in my team (some of them having GC and citizenship, the rest are in I-485 stage and H1B). They are going to india every year with AP and still keep H1B extension/status.
Their wivies are using EAD, so only those wives loss H4 status. Not them with H1B.
Streamflow
Registered Users (C)
srr4:
Could you please clarify the situation with your wife? Did she use EAD before travel outside USA?
Could you please clarify the situation with your wife? Did she use EAD before travel outside USA?
Streamflow said:
Hi Streamflow and others:
Thank you for your clarification!
My wife never used her EAD card so far, and me either. She was in her H4 status which had a validity till Oct 12, 2005. She used her AP last time when she came back to US, back in November 2004. Matter of fact, I never traveled outside after I got my AP. As my H1-B and my wife's H4 were expiring in October, my lawyer suggested us to extend both H1 and H4. My H1 got approved and my wifes H4 denied. I noticed that her I-94 card was marked as 'paroled till 11/__/04' instead of a valid expiry date of H4.
Thank you,
srr4
Advance parole
Northstar2020 and Newbies
I have a question for you two, since you have your personal experiences using AP. my I485 and 1-140 are pending my question to you would be
1. Is your I-94 valid as mine has expired
2. I do not even have a H1B visa stamped as it H1B was issued here in US.
Would i still be able to use my AP and then renew my H1B
Northstar2020 and Newbies
I have a question for you two, since you have your personal experiences using AP. my I485 and 1-140 are pending my question to you would be
1. Is your I-94 valid as mine has expired
2. I do not even have a H1B visa stamped as it H1B was issued here in US.
Would i still be able to use my AP and then renew my H1B
fast_gc_seeker
Registered Users (C)
mrs. srr4 never used EAD but H4 was denied.so nothstar2020 and newbies why is this H4 denied? any comments from you "super gurus"?srr4 said:
NorthStar2020
Registered Users (C)
Hi Sep05,sept05 said:
In fact, I'm going to Canada in early Feb 06 to get my H1B visa in my passport. I'll post about the details after my trip.
NorthStar2020
Registered Users (C)
Latest update:NorthStar2020 said:
My wife got her H4 approval at the New Delhi consulate yesterday! Thats good news.
My history : I'm on 7th year H1B with H1B visa in passport already expired last year. So, I used Advance parole to enter US 2 times. The advise I received in this forum is I should have a valid H1B stamp in my passport for my wife to receive a H4. Wrong! You dont need a H1B stamp to get a H4.
And she doesn't even reside in the Delhi consulate region. Our jurisdiction is the Chennai consulate. But we tried at the Delhi consulate as the waiting list at Chennai is insanely large.
The officer asked my wife about my employer's name, address, wedding pictures, employment letter and paystubs. He concluded the interview in 2 minutes.
Hi Northstar 2020,
I have a question. Have you ever used your EAD after being paroled to US? My lawyer said if I paroll to US, then I should use my EAD card. In other words I can not continue on my H1 status after I use AP. I know we have been discussing this matter for a while and my lawyer's opinion is confusing me at the moment. I am in 7th year extension and I plan to use AP when I come back to US and would like to keep my H1 status.
Thank you for your reply!
I have a question. Have you ever used your EAD after being paroled to US? My lawyer said if I paroll to US, then I should use my EAD card. In other words I can not continue on my H1 status after I use AP. I know we have been discussing this matter for a while and my lawyer's opinion is confusing me at the moment. I am in 7th year extension and I plan to use AP when I come back to US and would like to keep my H1 status.
Thank you for your reply!
srr4
You can keep working on H1B VISA after entering the US on AP, as long as you are employed by your GC sponsoring employer. You can also keep extending your H1B on a regular basis. Look at this link for clarification:
http://www.murthy.com/news/UDnewins.html
You can keep working on H1B VISA after entering the US on AP, as long as you are employed by your GC sponsoring employer. You can also keep extending your H1B on a regular basis. Look at this link for clarification:
http://www.murthy.com/news/UDnewins.html
NorthStar2020
Registered Users (C)
Hi srr,srr4 said:
I'm still on H1B...
You can be on H1B and still use Advance parole. Delhi consulate seems to be more liberal than Chennai consulate. If you have all documentation intact and fool-proof, choose Delhi over Chennai.