AP vs. H1-B; No Clue, Please Help!

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EndMyWait

Registered Users (C)
Hello All –
Would really appreciate your suggestions and feedback on this. I need to travel to the UK on May 3rd, and do not have a valid Visa, since my current H1-B expired in February 2007. I just received a 3-yr Extension, based on Approved I-140, but am not finding any appointments in Canada for the Visa Stamp. So, am considering traveling on my Advanced Parole, and wanted to understand –

H1-B Visa expiration
1. Will my status change from H1-B to EAD automatically if –
a. My wife uses her EAD?
b. Either my wife or I use the AP?

Traveling on AP
1. Are there any specific disadvantages of traveling on Advanced Parole?
2. Anything different about traveling internationally on AP vs. H1-B that I should be aware of?

Any other suggestions?

Thank you in advance!
 
H1-B Visa expiration
1. Will my status change from H1-B to EAD automatically if –
a. My wife uses her EAD?

----- NO
b. Either my wife or I use the AP?

----- NO
Traveling on AP
1. Are there any specific disadvantages of traveling on Advanced Parole?

---- the only disadvantage I can see here is "If there is a problem with your 485 (negative result) then you will become out of status immediately". Usually no negative result.

2. Anything different about traveling internationally on AP vs. H1-B that I should be aware of?

When you come back to US on AP you will be on Parolee status and as long as your H-1B period is valid you can work with the same employer and you don't need to excercise your EAD for work.
 
EndMyWait said:
Hello All –
Would really appreciate your suggestions and feedback on this. I need to travel to the UK on May 3rd, and do not have a valid Visa, since my current H1-B expired in February 2007. I just received a 3-yr Extension, based on Approved I-140, but am not finding any appointments in Canada for the Visa Stamp. So, am considering traveling on my Advanced Parole, and wanted to understand –

H1-B Visa expiration
1. Will my status change from H1-B to EAD automatically if –
a. My wife uses her EAD?

No

b. Either my wife or I use the AP?
No



Traveling on AP
1. Are there any specific disadvantages of traveling on Advanced Parole?
2. Anything different about traveling internationally on AP vs. H1-B that I should be aware of?

Any other suggestions?

Thank you in advance!
Click to expand...


your H1b status will not change until you use EAD.
 
Thanks Madgu and Radhagd..additional queries

Thanks loads for your responses.

My firm's Imm. Attorney told me some things that I'm not sure whether to believe in or not, so, would appreciate your feedback --

1) I can re-enter on AP now, and can still get H1-B extension stamped on Passport at a later date. Won't a missing I-94 or the Parole stamp become an issue in getting a H1-B Visa Stamp?

2) Even after I reenter on AP, I'll still continue to be on H1-B (have a 3-yr extension thru 2010)

3) Regardless of my & wife travelling on AP, and her working on EAD (not me), I can still continue working on H1-B

4) Since my I-140 is approved and I-485 has been pending 10months+, I own the AOS (AC-21), and can even switch to another firm (similar work) with NO consequence. Is that true? Can't my current firm cancel the process or at least withdraw the I-140?

5) Re-entering on H1-B is simple & safe. Is AP as safe? And what's the process? Do I have to give the AP original or I-94 to the Airline or to the Immigration Agent, while re-entering?

Thank you in advance!
 
EndMyWait said:
Thanks loads for your responses.

My firm's Imm. Attorney told me some things that I'm not sure whether to believe in or not, so, would appreciate your feedback --

1) I can re-enter on AP now, and can still get H1-B extension stamped on Passport at a later date. Won't a missing I-94 or the Parole stamp become an issue in getting a H1-B Visa Stamp?
You'll get I-94 when you enter with AP and you can file H1 extension.
There is a unconfirmed info suggesting that you must file H1 extension before I-94 obtained through AP entry gets expired(I-94 will have one year validity). I have never seen the document for this info, but some lawyer seems to say so.. Talk to lawyer.

2) Even after I reenter on AP, I'll still continue to be on H1-B (have a 3-yr extension thru 2010)
Whether you can keep on H1 til 2010 w/o extension depends on what I said at #1. Confirm with your lawyer.

3) Regardless of my & wife travelling on AP, and her working on EAD (not me), I can still continue working on H1-B
correct

4) Since my I-140 is approved and I-485 has been pending 10months+, I own the AOS (AC-21), and can even switch to another firm (similar work) with NO consequence. Is that true? Can't my current firm cancel the process or at least withdraw the I-140?
Yes. Cancelled I-140 won't affect your GC process.
Click to expand...

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Thanks GotPR!

Regarding your response to #1 & 2 -- I already have a H1-B Extension through 2010, but do not have it stamped on my Passport. And will not be able to get that done prior to travelling - so, planning to use AP. That said, I had a couple of clarifications:

1) Am guessing since the AP expires in Aug 2007 (have filed extension), if I re-enter on AP, the I-94will only be valid till Aug'07. Right?

2) Once I re-enter on AP now, can I use go to a US Consulate and get the H1-B Stamped say in October'07?

3) Re-entering on H1-B is simple & safe --
a) Is AP as safe?
b) What's the process to re-enter on AP?
c) What documents do I need to carry for AP re-entry?
d) Do I have to give the AP original or I-94 to the Airline or to the Immigration Agent, while re-entering?

Thank you in advance!
 
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