AP Use

You retain your H1

I am very sure that you retail your H1 even if you use AP . I did use AP and I am still in H1 .

Check with your lawyer . Also search this forum for more info . This topic was covered so many times.
 
I am very sure that you retail your H1 even if you use AP . I did use AP and I am still in H1 .

Check with your lawyer . Also search this forum for more info . This topic was covered so many times.

Kahuna,

Can you pls. elaborate your experience. I mean do you just show the AP & H1 document at port of entry and ask them to stamp on H1? Is that what you are saying.

TIA.
 
Tried using H1 over AP when I recently got back. However the officer at the immigration refused to do so and insisted on using the AP. When I argued he asked me to go meet an higher official. That person without even asking stamped the I-94 using AP. Was too tired to argue after that.
However was able to extend my H1 to its 6 year limit recently without any issue and I continue to work on H1.
 
I am on the same boat, I used AP to enter but I dont have H1 stamp on the passport. My I 94 says Adavance Parole. Now when I have problem with I 485, my lawer says that in order to be in H1 I have to reenter. Is this true ?
 
"I am in the same boat" sounds so odd on an immigration website. :) Anyway, the answer to your question is NO. AP is equivalent to the visa. Just meant for travel. The EAD is equivalent to the permit (H1). If you use EAD, you invalidate your H1
 
bigbadwolf said:
"I am in the same boat" sounds so odd on an immigration website. :) Anyway, the answer to your question is NO. AP is equivalent to the visa. Just meant for travel. The EAD is equivalent to the permit (H1). If you use EAD, you invalidate your H1
Click to expand...

Very important: What you use to get into the US is what gives you your status. If you enter with H1B visa, then you will be on H1B. If you enter on AP, then you have to use your EAD since you are not on H1B status.
Elnegro
 
I agree with elengro, so If i need to get H1 status back after using AP can I get through entering from Mexico or Canada? I used AP when I came back from my country. No I desperatley need H1 status back. So Can I go and reenter from mexico or canada and entere using H1?
 
Can somebody explain what is the difference of getting back to H1 and using EAD afer using AP? Which one is better and why? I am very confused about this matter.
 
It is good to be in H1B status since there is a possibility of 140 or 485 getting denied.
It is good to use AP since you dont have to through the pain of getting the visa stamped.
I asked my lawyer two thing yesterday

1. Can I use AP and still be on H1B status - following is the answer

"The USCIS generally takes the position that you can travel on advance parole and resume H1B status upon return. However, this position only appears in a memo and is not in the law or regulations. The safest course of action is to obtain an H1B visa for reentry. If that is not possible, you should make sure you always have a valid EAD just in case the USCIS determines that your H1B status ended upon entry on AP. This is highly unlikely, but not impossible."

--I have seen posts on this forum stating that the some officials at port of entry doesnt know/doesnt allow you to be on H1B status if you use AP. But I am going to risk it when I go home, better than going to the consulate ( for me)

2. Could I go out of the country, stamp the visa and come back to work if my 140 /485 is denied?

"You could do that if you still had a valid H1B approval notice."

Hope this helps
 
Last edited by a moderator:
Attorney's reply

Here is what my attorney had to say

**IF YOU ARE CURRENTLY ON H1B AND TRAVEL USING AP, IT IS A GREY AREA AS TO
WHETHER OR NOT YOU WILL STILL BE CONSIDERED TO BE IN H1B STATUS UPON
ENTERING THE U.S. ON AP. THEREFORE, IF YOU WISH TO MAINTAIN YOUR H1B
STATUS, YOU SHOULD EITHER TRAVEL ON AN H1B VISA, OR YOU CAN APPLY FOR AN H1B
EXTENSION OR AMMENDMENT AFTER ENTERING ON AP TO "REACTIVATE" YOUR H1B
STATUS. OR, IF YOU WISH TO TRAVEL ON AP, YOU CAN WORK ON YOUR EAD WHEN YOU
RETURN TO THE U.S.
 
gcjoe said:
It is good to be in H1B status since there is a possibility of 140 or 485 getting denied.
It is good to use AP since you dont have to through the pain of getting the visa stamped.
I asked my lawyer two thing yesterday

1. Can I use AP and still be on H1B status - following is the answer

"The USCIS generally takes the position that you can travel on advance parole and resume H1B status upon return. However, this position only appears in a memo and is not in the law or regulations. The safest course of action is to obtain an H1B visa for reentry. If that is not possible, you should make sure you always have a valid EAD just in case the USCIS determines that your H1B status ended upon entry on AP. This is highly unlikely, but not impossible."

--I have seen posts on this forum stating that the some officials at port of entry doesnt know/doesnt allow you to be on H1B status if you use AP. But I am going to risk it when I go home, better than going to the consulate ( for me)

2. Could I go out of the country, stamp the visa and come back to work if my 140 /485 is denied?

"You could do that if you still had a valid H1B approval notice."

Hope this helps
Click to expand...
gcjoe,

You said, using AP is better than going to consulate for visa stamping. Is there any problem in going to consulate for visa stamping? Because, if the visa is stamped, then it can be used to enter US. If it is not stamped for some reasons, then AP can be used.

pr-gc
 
There is no problem other than the fact that it is a hassle and that you should be able to get an appt during your stay
 
For those who have successfully extended H1B status after using AP, could you please kindly tell me if you have submitted your AOS I94 and EAD approval notice along with H1B application?

Thank you.
 
Hi,
When somebody enters on AP and continues on H1 their I-94 issued at POE will say 'Paroled'.
I have 2 questions,
1. Supposing his 140 gets rejected, how will that person get a new I-94 based on H1 (to continue on H1 status)
2. To Extend H1, Is it Okay to send I-94 ('Paroled') issued on AP.

Would really appreciate if somebody can throw some light on this.
Thank you very much.

Regards.
 
From Murthy chat

The following is from Murthy chat

Merely traveling and entering on the AP does not cancel the H1B status, since one is allowed to file an H1B extension soon after entering the U.S. on the AP status. The only way one is not able to use the H1B or H-4 status is if the employer cancels or revokes or withdraws the H1B petition or if the I-485 is approved then the person is no longer considered on H1B or H-4 status. The H-4 status may also be lost upon divorce, for example, since H-4 is only a dependent status to that of an H1B principal.
 
Torabora:

Could you tell us what is the validity on your I-94 - usually if you use h-1, the I-94 is valid till the time the H-1 expires. I am also in a fix right now. Don't know whether to get a visa stamp or use AP. Thanks for the reply.
 
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