AR-11 Form doubts

[RoaringBull]

Hi All

I have changed my address while my 485 is still pending and I have to fill up the AR-11 form. I have the following doubts. Could some one please clarify. My EAD, AP, 140 info is in my signature.

My case.
I have my current H1 valid till June 2006 and I want to be under the H1B status...

My wife.
She came as a student to this country and we got married while she was still a student. She has completed her masters about few months back and got an OPT which is valid till Feb 2005. She is employed at this time on OPT card.

Under the column, current school/employer, will she write the college name or current employer ?

Port of entry, is it the last entry or the first entry ?

 

[GiveMeMyGCNow]

Hi All

I have changed my address while my 485 is still pending and I have to fill up the AR-11 form. I have the following doubts. Could some one please clarify. My EAD, AP, 140 info is in my signature.

My case.
I have my current H1 valid till June 2006 and I want to be under the H1B status...
As long as you do not use EAD for employment or do not enter the country using an AP, you can maintain H1 status. If you do either, then you are automatically on AOS.

My wife.
She came as a student to this country and we got married while she was still a student. She has completed her masters about few months back and got an OPT which is valid till Feb 2005. She is employed at this time on OPT card.

Under the column, current school/employer, will she write the college name or current employer ?
She would write the current employer's name

Port of entry, is it the last entry or the first entry ?
Last port of entry

 

[pralay]

As long as you do not use EAD for employment or do not enter the country using an AP, you can maintain H1 status. If you do either, then you are automatically on AOS.

AP is merely a document for re-entry. It does not invalidates H1 status. You can enter using AP and still can have H1 status (if H1 status is valid). If you use AP, your mode/type of entry will be "advance parole" (instead of "H1 visa"), but you will be in H1 status.

 

[pralay]

My case.
I have my current H1 valid till June 2006 and I want to be under the H1B status...

If you have not used EAD and your H1 is still valid (I-129), you are in H1 status irrespective of whether you used AP or not.
But if you used EAD for employment, you are in AOS status.

 

[Participant]

If you have not used EAD and your H1 is still valid (I-129), you are in H1 status irrespective of whether you used AP or not.
But if you used EAD for employment, you are in AOS status.

Pralay,that is our understanding so far and what my lawyer also has told me
6 months ago.
But recent murthy chat in Oct/04,gives little different picture about this now.
(of course,it has to be verified and I am seeking further docuementation
but couldn't found so far).
http://www.murthy.com/chatlogs/chat1018.html:
'Chat User : Can I travel using AP and still keep H1B status upon return to the U.S.? I-140 and I-485 are still pending.

Attorney Murthy : A person is safer to travel and reenter on the H1B to maintain H1B status. However, it is possible to travel abroad and reenter on the AP and then file an H1B extension with the USCIS under the May 2000 Legacy INS memo. '
Filing H1b extension(the chat user seems already holding valid H1B) after return is the new perspective.

 

[pralay]

Pralay,that is our understanding so far and what my lawyer also has told me
6 months ago.
But recent murthy chat in Oct/04,gives little different picture about this now.
(of course,it has to be verified and I am seeking further docuementation
but couldn't found so far).
http://www.murthy.com/chatlogs/chat1018.html:
'Chat User : Can I travel using AP and still keep H1B status upon return to the U.S.? I-140 and I-485 are still pending.

Attorney Murthy : A person is safer to travel and reenter on the H1B to maintain H1B status. However, it is possible to travel abroad and reenter on the AP and then file an H1B extension with the USCIS under the May 2000 Legacy INS memo. '
Filing H1b extension(the chat user seems already holding valid H1B) after return is the new perspective.

But, same Murthy chat said something different in 2001 chat.

http://www.murthy.com/chatlogs/chat1105.html

Chat User : If a person reenters on AP, does that mean that his H-1 becomes invalid and he needs to get the EAD to start working again?

Attorney Murthy : The March 2000 INS Memo, which clarified and corrected the original position of the INS allows a person who enters on the AP to continue working on the H1B and does not require the EAD to be processed if the person works for the same sponsoring H1B employer.

 

[MD_Rockville]

Both are correct. If you have H1B you don't need to renew EAD / AP ( however that is recommended ) if you plan to stay in the USA all the time.. With a valid H1B VISA why would someone use AP to reenter ?

What Murthy is suggesting that if you have same employer it is possible to work on H1, then EAD ( for same employer ) and file H1B extension ( dual intent law )..consider when you file H1 extension 1 day prior to H1B expiration date and till your H1 extension is approved you are working on EAD for same employer ( fact is you are working on H1 ) ..in this case you can travel and come back and after that your H1B extension gets approved.. now you can again go out and have new H1B visa..this is possible when your H1, EAD, AOS and future employer are all same..

It is important that you file H1B extension be4 the H1B VISA date expires.. I am not sure what diffrence it would make filing the extension before expiration and after expiration of H1B ..seek legal advice